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Public records of the colony of Co
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PUBLIC RECOEDS
r
OF THE
COLONY OF CONNECTICUT,
FROM OCTOBER, 1772, TO APRIL, 1775, INCLUSIVE.
TKANSCKIBED AND EDITED IN ACCORDANCE WITH A RESOLUTION OF THE
GENERAL ASSEMBLY,
By CHARLES J. HOADLY,
STATE LEBEARIAN.
HARTFORD :
Press op The Case, Lockwood & Brainard Company,
1887.
TOlS NOT CIRCULATE
PREFACE.
The record of eight sessions of the General Assembly is in this
book.
Of neither branch of the legislature are the Journals for this
period preserved in our archives: nor do they exist, so far as the
editor is aware.
The Journal of the Governor and Council after October, 1773,
is not extant. So much of that Journal from October, 1772, to
October, 1773, as is preserved is printed in this volume, but it is
of slight interest. It is much to be regretted that the Council
Journal and the Journal of the House of Eepresentatives for the
period approaching the Revolution should be lost.
In the Appendix are reprinted four pamphlets which were pub-
lished by authority:
I. The Susquehannah Case, sufficiently described in a note at
page 161 of this volume.
II. Report of the Commissioners appointed by the General
Assembly of this Colony to treat with the Proprietaries of Penn-
sylvania respecting the Boundaries of this Colony and of that
Province. Norwich: Printed by Green & Spooner, 1774.
This is a pamphlet of thirty-seven pages, small quarto. It has
been described in various catalogues as having thirty-six pages,
for the last leaf is wanting in most of the few remaining copies.
Timothy Green's bill for printing two hundred copies, five and a
quarter sheets, is in our archives, Finance & Currency^ V, doc. 117.
The correspondence between the Commissioners and Governor
Penn, in this pamphlet, is also printed in Pennsylvania Colonial
Records, vol. x, and Pennsylvania Archives, vol. iv.
III. An Account of the Number of Inhabitants in the Colony
of Connecticut, January 1, 1774. Together with an Account of
the Number of Inhabitants, taken January 1, 1756. Published
by order of the General Assembly. Hartford: Printed by Ebe-
nezer Watson, 1774.
This is a folio of nine leaves, each printed only on one side.
Watson's bill for the printing, £29 17 9, is in Revolutionary War,
4 PREFACE.
I, 201. He made a discount of £3 "for the liberty of the copy,"
but the General Assembly, it seems, thought his charge excessive.
IV. Heads of Inquiry relative to the Present State and Con-
dition of His Majesty's Colony of Connecticut, signified by His
Majesty's Secretary of State in his Letter of the 5th July, 1773;
with the Answers thereto. New London: Printed by T. Green,
Printer to the Governor and Company, 1775.
This is a small folio of fifteen pages. Six hundred copies were
ordered to be printed.
State Libeary, Hartford, C. J. H.
March 4th, 1887.
THE PUBLIC RECORDS
OP THE
COLONY OF CONNECTICUT.
[Volume XI., Page 149.]
Anno Regni Regis G-eorgii tertii duodecimo.
At a General Assembly of the Governor and Company
OP THE English Colony op Connecticut in New England
IN America holden at New Haven in said Colony on
THE SECOND THURSDAY OP OCTOBER (BEING THE SEVENTH*
DAY OP SAID month) AND CONTINUED BY SEVERAL ADJOURN-
ments to the thirtieth day op the same month, annoque
Domini 1772.
Present :
The Honorable Jonathan Trumbull, Esq'", Grovernor.
The Honorable Mathew Griswold, Esq'', De-puty Grovernor.
Hezekiah Huntington, Esq'", Roger Sherman, Esq'",
Shubael Conant, Esq'", Abraham Davenport, Esq'",
Elisha Sheldon, Esq'", Wm. Samuel Johnson, Esq
Eliphalet Dyer, Esq', Joseph Spencer, Esq'",
Jabez Huntington, Esq"", Oliver Wolcott, Esq'^,
William Pitkin, Esq'", j
Representatives or Deputies of the Freemen of the several
Towns are as follow, viz :
Colo. John Pitkin, Mr. Benjamin Payne, for Hartford.
Capt. Josiah Bissell, Capt. Josiah Phelps, for Windsor.
Capt. Jonath" Humphry, Capt. Judah Holcomb, for Symsbury.
Capt. Isaac Pinney, Mr. Joshua Fuller, for Stafford.
Capt. Joel White, Capt. Benja. Talcott, for Bolton.
Maj'" Henry Champion, Mr. Daniel Foot, for Colchester.
* So. in the record. However, the second Thursday in October came
on the eighth in 1772.
>
«S>.
2 PUBLIC RECORDS [Octobcr,
Jabez Hamlin, Esq'', Mr. Eichard Alsop, for Midletown.
Colo. John Strong, Capt. Fisher Gay, for Farmington.
Mr. Edward Collins, Mr. Samuel Pease, for Enfield.
Mr. Reuben Sikes, Mr. Zerali Kibbee, for Somers.
Capt. Abner Barker, Mr. Elijah Fenton, for Willington.
Mr. Ebenezer White, Mr. Silas Dunham, for Chatham.
[150] Capt. Samuel Chapman, Mr. Elisha Steel, for Tolland.
Capt. Thomas Belding, Mr. Silas Dean, for Weathersfield.
Mr. Alexander King, Mr. Gideon Granger, for Suffield.
Capt. Obediah Horsford, Capt. David Barber, for Hebron.
Colo. Hez'' Brainerd, Capt. Thomas Selden, for Hadam.
Ma.f Erastus Wolcott, Capt. Charles Elsworth, for East
Windsor.
Mr. Daniel Brainerd, Capt. Dyer Throop, for East Hadam.
Mr. John Kimberly, Capt. Jonath" Wells, for Glastonbury.
Mr. James H. [sz'c] Hilhouse, Mr. Samuel Bishop, for New
Haven.
Mr. Samuel Brown, Capt. Andrew Ward, for Guilford.
Mr. Joseph Hall, jun'', Capt. John Wooster, for Derby.
Maf William Gould, Mr. Edward Russell, for Branford.
Benjamin Hall, Esq%* Capt. Macock Ward, for Wallingford.
Colo. Elihu Chauncey, Capt. James Wadsworth, for Durham.
Capt. John Fowler, Maj"" David Baldwin, for Milford.
Mr. Joseph Hopkins, Capt. Timothy Judd, for Waterbury.
Gurdon Saltonstall, Esq"", Mr. William Hilhouse, for New
• London.
Mr. Isaac Tracy, Mr. Rufus Lathrop, for Norwich.
Maj"" Charles Phelps, Capt. Daniel Fish, for Stonington.
Mr. Jonathan Brewster, Mr. Benjamin Coit, for Preston.
Maj'' Samuel H. Parsons, Mr. John Lay 2d, for Lyme.
Mr. Nathan Gallop, for Groton.
Mr. Stephen Chalker, for Saybrook.
Capt. Elnathan Stephens, Mr. Stephen Wilcox, for Killing-
worth.
Ebenezer Silliman, Esq'', David Burr, Esq'', for Fairfield.
Hon^'^' Thomas Fitch, Esq", Mr. Thomas Belding, for Norwalk.
Capt. James Potter, Mr. Alex'' Fairchild,for New Fairfield.
Maj'' Charles Webb, Mr. Benja. Weed, for Stanford.
Maj' John Chandler, Capt. Henry Glover, for Newtown.
Capt. Robert Fairchild, Capt. Theophilus Nichols, for Strat-
ford.
Colo. Joseph Piatt Cook, Capt. Daniel Taylor, for Danbury.
* This was the last appearance of Mr. Hall in public life. He died at
Cheshire .Jan. 3d, 1773, in his 69th year. His widow married Ebenezer
Silliman, Esq., the next July.
1772.] OF CONNECTICUT. 3
Capt. John Mead, Mr. Amos Mead, for Grreenwich.
Mr. Hezekiah Sanford, for Redding.
Colo. Philip B. Bradley, Mr. Samuel Olmsted, for Ridgfield.
Capt. Jabez Huntington, Mr. Jacob Simons, for Windham.
Colo. William Williams, Mr. Beriah Southworth, for Lebanon.
Mr. Samuel Gordon, Mr. Samuel Stewart, for Voluntown.
Capt. Ebenezer Kingsbury, Mr. Phineas Strong, for Coventry.
Capt. John Douglass, Capt. Isaac Coit, for Plainfield.
Colo. Jabez Fitch, Mr. David Payne, for Canterbury.
Mr. Constant Southworth, Mr. Edward Freeman, for Mans-
field.
Capt. Elisha Child, Mr. Jedediah Morse, for Woodstock.
Mr. Ezra Smith, Capt. Jedediah Pay, for Ashford.
Colo. Ebenez'' Williams, Mr. Thomas Williams, for Pomfret.
Mr. Bryant Brown, Mr. Edward Adams, for Killingiey.
Capt. John Marsh, Mr. Jedediah Strong, for Litchfield.
Mr. Daniel Sherman, Capt. Increase Mosely,for Woodbury.
Colo. Bushnel Bostwick, Capt. Samuel Canfield, for New
Milford.
Colo. John Williams, Mr. Simeon Smith, for Sharon.
Mr. Ephraim Hubbel j'"., Capt. Justus Sackett, for Kent.
[151] Capt. Ebenezer Norton, Capt. Edmund Beach, for
Goshen.
Mr. John Cook, Mr. Ephraim Bancroft, for Torrington.
Mr. Joshua Porter, Capt, James Landon, for Salisbury.
Mr. Heman Swift, Capt. Thomas Porter, for Cornwall.
Mr. Elisha Baker, Capt. John Ensign, for Canaan.
Maj"" Abijah Catlin, Mr. Aslibel Skinner, for Harwington.
Capt. Abel Merrells, Mr. Seth Smith, for New Hartford.
Jabez Hamlin, Esq"", Speaker, ) of the House of
William Williams, Esqf, Clerk, \ Representatives.
An Act in Addition to the La-w of this Colony entituled An Act for form-
ing; and regulating the Militia and for the Encouragement of Military-
Skill for the better Defence of this Colony.
Be it enacted hy the Grovernor, Council and Representatives,
in Greneral Court assembled, and hy the authority of the same,
That all and every warrant or warrants that shall hereafter be
issued and granted out against any person or persons, for any
fine or fines for neglecting or not attending military duty,
shall be issued against the body of such delinquent as well as
against his personal estate ; and the body or bodies of such
delinquent or delinquents shall and may be by force of such
warrant committed to and held in goal until such delinquent
shall pay and satisfy such fine or fines, as in cases of execu-
tion for debt.
And he it further enacted hy the authority aforesaid, That, for
the future, no person shall be compelled to serve as a private
4 PUBLIC RECORDS [October,
centinel in the militia after he has arrived to the age of forty-
five years.
And be it further enacted hy the authority aforesaid, That the
two last paragraphs of the law of this Colony entituled An
act for explanation and alteration of the law of this Colony
entituled An act for forming and regulating the militia and
for the encouragement of military skill for the better defence
of this Colony,* be repealed, and the same are hereby repealed
and made null and void. ^
An Act for preventing and punishing the Stealing of Horses. _
Be it enacted by the Grovernor^ Council and Representatives,
in Greneral Court assembled, and by the autliority of the same.
That whoever shall steal any horse within this Colony, and
be thereof duly convicted, shall pay and satisfy to the owner
of such horse treble the value thereof, and also pay as a fine
to the Colony treasury the sum of ten pounds, and be further
punished by being publickly whipped on the naked body not
exceeding fifteen stripes, and be confined in a work-house or
house of correction, not exceeding three months ; there to be
kept at hard labour, and be further whipped on the first Mon-
day of each month, not exceeding ten stripes each time ; and
for want of estate wherewith to pay and satisfy such damages
and fine, the court before whom such conviction is had may
assign such delinquent in service, so long as they shall judge
proper, to the party injured or his assigns, if he or they will
accept thereof, or otherwise to any of his Majesty's subjects.
And, to encourage the detecting such offenders :
Be it enacted by the authority aforesaid, That there shall
[152] be II paid out of the Colony treasury to the person de-
tecting and prosecuting such thief to effect in any county
court or superior court in this Colony his costs expended in
such prosecution, not exceeding six pounds.
An Act for preventing Vessels passing through the Rope Ferry (so
called) in Ne-w London, in the Night Season.
Whereas travellers are frequently much retarded in their
business by the ferry rope over the said ferry being carried
away and the boat going adrift, by vessels passing through
said ferry in the night season : Which to prevent,
Be it enacted by the Governor, Council and Bejjresentatives,
in General Court assembled, and by the authority of the same.
That no sloop or other vessel shall pass either up or down said
river through said ferry place from six o'clock afternoon
until six o'clock in the morning, between the first of October
and the first of March annually ; nor from nine o'clock in
the evening until five o'clock in the morning, between the
* Passed October session, 1755, Vol. x, 410-11.
1772.] OF CONNECTICUT. 5
first of March and the first of October annually, without
giving notice to the ferryman one hour at least before such
vessels shall attempt to pass through said ferry.
Be it further enacted hy the authority aforesaid, That if any
master or other commander of any sloop or other vessel shall
be guilty of a breach of this act, he shall forfeit and pay the
sum of forty shillings for every such offence : one-half to the
owner or proprietor of said ferry, the other half to the town
treasury of New London.
Whereas there is strong reason to suspect that an atrocious
murther has been committed at Saybrook in the county of
New London, upon the body of one James Johnson, a transient
person, by one James Sheelds or Sheels also a transient per-
son : Resolved by this Assembly, that his Honr the Governor
be desired, and he is hereby desired, to issue a proclamation
offering a reward of thirty pounds for the apprehending the
said Sheilds or Sheels, the said supposed murtherer, that he
may be brought to justice.
This Assembly do hereby authorize and impower Colo.
Strong of Farmington, to make sale of two pieces of land
situate in Farmington, belonging to this Colony, whereof he
is to render an account to the Assembly in May next, and to
make and execute deed or deeds for the passing said lands,
which shall be good and authentick in law.
Whereas there are sufficient funds provided for drawing in
and discharging all the outstanding bills of credit of this
Colony at the respective periods fixed for that purpose :
Resolved by this Assembly, that the Treasurer be, and he
is hereby, ordered and directed, to receive any of the bills of
credit of this Colony in payment of the Colony rates, and to
pay out any of the monies in the treasury in exchange for
any of said bills that are become due.
This Assembly do appoint William Samuel Johnson, Esq'',
to be a Judge of the Superior Court of this Colony in the
room of the late Robert Walker, Esq*", deceased.*
Whereas report hath been made to this Assembly that
there is a debt due to the Governor and Company of this
Colony from the estate of Moses Mansfield, late of New
Haven, deceas'd, which is accepted : Resolved by this Assem-
bly, that James Abraham Hilhouse and Samuel Bishop, jun'',
Esqrs, both of New Haven, be and they are hereby authoriz&d
and impowered, to recover the said debt for the use of this
*Mr. Walker was stricken with apoplexy, while at breakfast at his
home in Stratford, on Monday, July 18th, 1772, and expired in about fif-
teen minutes. He was in his 69th year. Courant, No. '6\)b.
6 PUBLIC RECORDS [October,
Colony, and to commence and prosecute any legal suit for
that purpose.
[153] This Assembly appoints Joshua Porter, Esq"", to
be a Justice of Quorum in and for the county of Litchfield
until the first day of June next.
This Assembly appoints David Burr, Esq^, to be Lieu-
tenant Colonel of the fourth regiment of militia in this
Colony.
This Assembly appoints William Samuel Johnson, Esq"",
to be Major of the fourth regiment of militia in this Colony.
This Assembly do establish Nathan Hine to be Lieutenant
of the first company or trainband in the town of Woodbury.
This Assembly do establish John Smith to be Lieutenant
of the 11th company or trainband in the seventh regiment in
this Colony.
This Assembly do establish Richard Johnson to be Ensign
of the 11th company or trainband in the seventh regiment in
this Colony.
This Assembly do establish Samuel Lane to be Captain of
the first company or trainband in the town of Salisbury.
This Assembly do establish Ebenezer Fletcher to be Lieu-
tenant of tlie first company or trainband in the town of
Salisbury.
This Assembly do establish Joshua Stanton to be Ensign
of the first company or trainband in the town of Salisbury.
This Assembly do establish Nathaniel Johnson to be Cap-
tain of the fourth company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Oliver Curtiss to be Lieutenant
of the fourth company or trainband in the second regiment in
this Colony.
This Assembly do establish Nathan Pierson to be Ensign
of the fourth company or trainband in the second regiment in
this Colony.
This Assembly do establish Benjamin Birdseye to be
Cornet of the troop of horse in the sixth regiment in this
Colony.
This Assembly do establish Ozias Wilcox to be Quarter-
Master of the troop of horse in the sixth regiment in this
Colony.
• This Assembly do establish Oliver Johnson to be Captain
of the 18th company or trainband in the sixth regiment in
this Colony.
This Assembly do establish David Tryon to be Lieutenant
1772.] OF CONNECTICUT. 7
of the 18th company or trainband in the sixth regiment in
this Colony,
This Assembly do establish Ebenezer Sumner to be Ensign
of the 18th company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Jacob Hazzin to be Captain of
the seventh company or trainband in the town of Norwich.
This Assembly do establish Samuel Griswold to be Ensign
of the seventh company or trainband in the town of
Norwich.
This Assembly do establish Zacheus Gillet to be Captain
of the third company or trainband in the town of Symsbury.
This Assembly do establish Joseph Cornish to be Lieuten-
ant of the third company or trainband in the town of
Symsbury.
This Assembly do establish Charles Bulkley to be Lieu-
tenant of the troop of horse in the sixth regiment in this
Colony.
This Assembly do establish John Birge to be Captain of
the second company or trainband in the town of Torrington.
This Assembly do establish John Strong to be Lieutenant
of the second company or trainband in the town of Torring-
ton.
[154] This Assembly do establish Noah Fowler to be Cap-
tain of the second company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Ebenezer Hopson to be Lieu-
tenant of the second company or trainband in the seventh
regiment in this Colony.
This Assembly do establish Increase Pendleton to be
Ensign of the second company or trainband in the seventh
regiment in this Colony.
This Assembly do establish William Warner to be Lieu-
tenant of the first company or trainband in the fifth regiment
in this Colony.
This Assembly do establish Hezekiah Bissell to be Ensign
of the first company or trainband in the fifth regiment in
this Colony.
This Assembly do establish James Fuller to be Captain of
the 18th company or trainband in the 11th regiment in this
Colony.
This Assembly do establish Samuel Chandler to be Lieu-
tenant of the 18th company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish Mark Elwell to be Ensign of
8 PUBLIC RECORDS [October,
the 18th company or trainband in the 11th regiment in this
Colony.
This Assembly do establish Jonas Prink to be Captain of
the second company or trainband in the town of Preston.
This Assembly do establish Joseph Boardman to be Lieu-
tenant of the second company or trainband in the town of
Preston.
This Assembly do establish Barton Cook to be Ensign of
the second company or trainband in the town of Preston.
This Assembly do establish Benjamin Morgan jun"" to be
Ensign of the fifth company or trainband in the town of
Preston.
This Assembly do establish Jabez Wright jun"" to be Cap-
tain of the fifth company or trainband in the town of
Norwich.
This Assembly do establish Nathan Brewster to be Lieu-
tenant of the fifth company or trainband in the town of
Norwich.
This Assembly do establish Absalom Pride to be Ensign
of the fifth company or trainband in the town of Norwich.
This Assembly do establish Peter Alcott to be Captain of
the first company or trainband in the town of Bolton.
This Assembly do establish Ma.thew Loomiss to be Lieu-
tenant of the first company or trainband in the town of
Bolton.
This Assembly do establish Jared Cone to be Ensign of
the first company or trainband in the town of Bolton.
This Assembly do establish Seth Gregory to be Ensign of
the company or trainband in Stratfield in the fourth regi-
ment in this Colony.
This Assembly do establish Hezekiah Wells to be Captain
of the third company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Chester Wells to be Lieuten-
ant of the third company or trainband in the sixth regiment
in this Colony.
This Assembly do establish John Hanmer to be Ensign of
the third company or trainband in the sixth regiment in this
Colony.
This Assembly do establish Job Wright to be Ensign of
the fourth company or trainband in the seventh regiment in
this Colony.
[155] This Assembly do establish Eleazer Mitchell to be
Captain of the company or trainband in the society of South
Britain in the town of Woodbury.
1772.] OF CONNECTICUT. 9
This Assembly do establish Elijah Hinman to be Lieuten-
ant of the company or trainband in the society of South
Britain in the tovYn of Woodbury.
This Assembly do establish David Pierce to be Ensign of
the company or trainband in the society of South Britain in
the town of Woodbury.
This Assembly do establish Thomas Wheeler to be Lieu-
tenant of the fourth company or trainband in the town of
Stonington.
This Assembly do establish Ichabod Norton to be Captain
of the 10th company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Barnabas Thomson to be Lieu-
tenant of the loth company or trainband in the 15th regi-
ment in this Colony.
This Assembly do establish Joseph Woodford jun'' to be
Ensign of the lOth company or trainband in the 15th regi-
ment in this Colony.
This Assembly do establish Benjamin Lyon to be Captain
of the seventeenth company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish Stephen Lyon to be Lieutenant
of the seventeenth company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish Peter Child to be Ensign of
the seventeenth company or trainband in the lltli regiment
in this Colony.
This Assembly do establish Benjamin Smith to be Lieuten-
ant of the first company or trainband in the town of
Bidgefield.
This Assembly do establish John Glover jun' to be Cap-
tain of the fifth company or trainband in the 16th regiment
in this Colony.
This Assembly do establish Abel Botsford jun"" to be Lieu-
tenant of the fifth company or trainband in the 16th regi-
ment in this Colony.
This Assembly do establish William Hall to be Ensign of
the fifth company or trainband in the 16th regiment in this
Colony.
This Assembly do establish Amos Main to be Captain of
the third company or trainband in the town of Stonington.
This Assembly do establish Joshua Brown jun'' to be Lieu-
tenant of the third company or trainband in the town of
Stonington.
This Assembly do establish John York jun' to be Ensign
2
10 COUNCIL JOURNAL. [October,
of the third company or trainband in the town of
Stonington.
This Assembly do establish James Stedman to be Captain
of the sixth company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Josiah Hammond to be Lieu-
tenant of the sixth company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish John Perkins to be Lieutenant
of the company or trainband in tlie society of Hanover in
the town of Norwich.
This Assembly do establish Thomas Adams to be Ensign
of the company or trainband in the society of Hanover in the
town of Norwich.
This Assembly do establish Ezekiel Bradley to be Lieuten-
ant of the 10th company or trainband in the 16th regiment
in this Colony.
This Assembly do establish Richard Smith to be Ensign of
the 10th company or trainband in the 16th regiment in this
Colony.
[156] This Assembly do establish Hezekiah Hoi comb to
be Captain of the 8th company or trainband in the town of
Symsbury.
This Assembly do establish Ezekiel Phelps to be Lieuten-
ant of the 8th company or trainband in the town of Syms-
bury.
This Assembly do establish Joseph Alderman jun"" to be
Ensign of the 8th company or trainband in the town of
Symsbury.
This Assembly do establish George Benjamin to be Cap-
tain of the first company or trainband in the town of Strat-
ford.
This Assembly do establish Ebenezer Coe to be Lieu-
tenant of the first company or trainband in the town of
Stratford.
This Assembly do establish William Wells to be Ensign of
the first company or trainband in the town of Stratford.
This Assembly do establish Hezekiah Griswold to be
Captain of the third company or trainband in the town of
Windsor.
This Assembly do establish Noah Griswold to be Lieu-
tenant of the third company or trainband in the town of
Windsor.
This Assembly do establish Return Jonathan Meigs to be
Lieutenant of the second company or trainband in the sixth
regiment in this Colony.
1772.] OF CONNECTICUT. 11
This Assembly do establish John Wetmore to be Ensign
of the second company or trainband in the sixth regiment in
this Colony.
This Assembly do establish John Yentruss to be Ensign
of the third company or trainband in the seventh regiment
in this Colony.
This Assembly do establish David Gold to be Ensign of
the third company or trainband in the tovs^n of Sharon.
This Assembly do establish Amos Chappel to be Captain
of the fourth company or trainband in the town of Sharon.
This Assembly do establish Ephraim Marriner to be Lieu-
tenant of the fourth company or trainband in the town of
Sharon.
This Assembly do establish Enoch Peirsons to be Ensign of
the fourth company or trainband in the town of Sharon.
This Assembly do establish Joshua Dunlap to be Ensign
of the eighth company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Isaac Chidsey to be Captain
of the seventh company or trainband in the second regiment
in this Colony.
This Assembly do establish Israel Potter to be Ensign of
the seventh company or trainband in the second regiment in
this Colony.
This Assembly do establish Rezin Gridley to be Ensign of
the 15th company or trainband in the 15th regiment in this
Colony.
This Assembly do establish Joseph Hastings to be Captain
of the troop of horse in the third regiment of this Colony.
This Assembly do establish Andrew Lathrop to be Lieu-
tenant of the troop of horse in the third regiment in this
Colony.
This Assembly do establish Elisha Hall to be Lieutenant
of the northeast company or trainband in the town of Wal-
lingford.
This Assembly do establish Thomas Shepard to be Ensign
of the northeast company or trainband in the town of Wal-
lingford.
[157] This Assembly do establish David Leavenworth to
be Lieutenant of the third company or trainband in the town
of Woodbury.
This Assembly do establish Tille Blakley to be Ensign of
the third company or trainband in the town of Woodbury.
This Assembly do establish Trueman Hinman to be Cap-
tain of the south company or trainband in the town of
Woodbury.
12 PUBLIC EECORDS [October,
This Assembly do establish Amos Hecos to be Lieutenant
of the south company or trainband in the town of Woodbury.
This Assembly do establish Gideon Johnson to be Ensign
of the south company or trainband in the town of Woodbury.
This Assembly do establish William Gaylord Hubbel to be
Captain of the seventh company or trainband in the 16th
regiment in this Colony.
This Assembly do establish Benjamin Pickett to be Lieu-
tenant of the seventh company or trainband in the 16th
regiment in this Colony.
This Assembly do establish John Leach to be Ensign of
the seventh company or trainband in the 16th regiment in
this Colony.
Whereas credible information has been given to this
Assembly, that one Zebulon Culver, a lieutenant of the
company in the regiment in this Colony under the command
of Capt. Roger Marsh, on the 13th day of October instant,
being a publick training day for said company legally warned
and convened, in a turbulent and contemptuous manner drew
off part of said company and assumed the chief command
over them, and with them did publickly disobey and insult
his said Capt. Marsh his orders and authority, and in great
contempt of the lawsi of this Colony regulating their militia
&c. : Whereupon this Assembly order and direct that a pre-
cept be issued forth by the Secretary of this Colony imme-
diately, to arrest the body of him the said Zebulon Culver,
and him have before this Assembly, to answer to the said
information and further be dealt with as to justice apper-
tains, and that proper evidences be also cited to appear.
Whereas Zebulon Culver, of Litchfield in Litchfield county,
being a lieutenant in the second military company in said
town under the command of Capt. Roger Marsh, being by
special warrant brought before this Assembly upon the com-
plaint of the said Capt. Marsh against said Culver for being
guilty of disobeying his orders &c. in contempt of the laws
of this Colony, as per complaint on file, and this Assembly
having examined into the matters of said complaint, and the
said Culver having before this Assembly, by his written con-
fession on file, made suitable reflexions upon himself for his
conduct in the premises, praying for favour, which confession
is accepted : Whereupon it is resolved by this Assembly, that
the said Culver be dismissed and released from any further
punishment, upon his paying the cost that has arisen in and
about the premises.
Whereas upon the petition of Samuel Tozer of Colchester
1772.] OF CONNECTICUT. .13
against Peter Bulklej of said Colchester, the General
Assembly at their sessions in May last appointed Joshua
West, Samuel Selden and Benjamin Huntington, Esqi's, a
committee to enquire into the matters in said petition
alledged and make report &c , as per petition on file, and
said committee having enquired into said matters have made
report to this Assembly, that they find said Samuel Tozer is
jointly indebted to said Peter Bulkley in the sum of thirty-
seven pounds one shilling and four pence, and that what sum
said Bulkley has got satisfyed on his execution ought to be
deducted out of that sum, and that said Bulkley's execution
[158] ought to be endorsed || down to that sum &c., as per
report on file, which report is accepted and approved by this
Assembly : And thereupon it is resolved by this Assembly,
that said execution in favour of said Bulkley against said
Tozer, mentioned in said petition, and the judgment on
which it was granted may not be carried into execution for
any further or greater sum than <£37 1 4, including what
sum hath already been paid or satisfyed on said execution.
And the clerk of said county court for the county of Hart-
ford is hereby authorized and impowered to grant alias
execution on said judgment at the request of said Bulkley
with a proper endorsement thereon tliatsaid judgment and
former execution is satisfyed or remitted down to said sum
of X37 Is. 4cZ. including the sum that hath been paid or
satisfyed already on said execution.
Upon the petition of Richard Alsop, of Midletown in the
county of Hartford, against George Stilman, of Saybrook in
the county of New London, shewing to this Assembly that
John Provost, late of the city and Province of New York,
now deceased, in his life time before the adjourned county
court holden at Hartford on the fourth Tuesday of June,
1765, recovered a judgment of said court against said George
Stilman for the sum of =£56 10 0, York currency, damages,
and .£2 6 6, lawful money, for his costs of suit, and had
execution issued thereon in due form of law, and the same
was delivered to Stephen Blake, then sheriff's deputy for
Hartford county, and the same on the first of September
following was by said Blake levied on a small triangular
piece of land, the property of said George, lying in said
George's homelot in said Midletown now in Chatham in said
county, containing four acres, beginning at the southwest
corner of land the same day taken in execution at the suit
of John Alsop, and runs thence by Connecticut River as said
river runs forty-seven rods, thence turns and runs north 34
14 PUBLIC RECORDS [October,
degrees east fifty rods, thence turns and runs by said Alsop's
said land west fifteen degrees north twenty-eight rods to the
first station abovesaid, and the same being then apprized at
the price of thirty-two pounds, lawful money, the said Blake
then immediately indorsed and subscribed his return of the
said levy and apprizement on said execution, and said Pro-
vost likewise then and there indorsed on said execution his
acceptance thereof as .£32 0, lawful money, in part of said
execution, and delivered the same to said Blake to return
into the clerk's office of said county court to be recorded,
and thereupon entered and took possession of said land and
held the same until he conveyed the same by an authentick
deed to said Alsop, who thereupon entered and hath held said
land ever since, and that upon diligent search lately made
said Alsop finds that said execution and said officer's return
thereon are not either of record or on file in said office,
neither can they be found among said Blake's papers, who is
since deceased insolvent, and that the same is either lost or
purloined from said clerk's office or lost some other way
without any default of said Alsop, whereby his title to said
land has become very defective ; he therefore prays this
Assembly to confirm his title to said land in as ample a man-
ner as if said execution and said returns of said officer were
entered of record, as per petition on file, dated September
21st, A.D. 1772 ; and the said Stilman now appearing by his
attorney and confessing the facts stated in said petition to be
true : E-esolved by this Assembly, that said Richard Alsop
may and shall have and hold the abovementioned land to
him, his heirs and assigns, in as full and ample manner, to
all intents and purposes, as if said Blake's return of said
execution and apprizement had been duly made to the office
of the clerk of the county court for said Hartford county
and there recorded ; and that this decree, or a transcript
thereof, in all future tryals at law shall be admitted and
received as full evidence of said Richard's title to said land
against said George Stilman and all claiming by, from or
under him.
Upon the petition of William Jepson, of Hartford in the
county of Hartford, and others his creditors &c., preferred to
the General Assembly, shewing that by losses, misfortunes
&c. he is reduced and become unable to pay his debts &c.,
praying for an act of insolvency to be passed in his favour,
as per petition on file ; Oliver Wolcott, Thomas Darling,
Esq'', and Capt. Joseph Trumbull were appointed a commit-
tee by the General Assembly in May last, who accordingly
1772.] OF CONNECTICUT. 15
make report, that they notifyed said Jepson's creditors, and
none appeared to object or otherwise, and that said Jepson's
[159] debts amount to £1949 10 11, exclusive of the || sum
of <£592 15s. Qd. found to be due to Doct. Silvester Gardiner,
of Boston, in their company concerns, and for payment of
which said company securities are on the petition of said
Gardiner against said Jepson ordered to be delivered to said
Gardiner if the same can be obtained therefrom, and that the
amount of said Jepson's credits and estate, exclusi^■e of his
household furniture, chirurgical instruments, books and
riding horse, which are necessary for the upholding life,
amounts to the sum of <£1075 12s. 7d. lawful money, and
finding that said Jepson has conducted fairly &c., and that
lie is willing to resign up all his estate excepting necessaries
aforesaid, to be put into the hands of trustees for the use and
benefit of his creditors ; also give it as their opinion, that
said Jepson ought to have a special act of insolvency made
and passed in his favour, upon his resigning up his estate as
aforesaid, as per report on file : It is resolved and enacted by
this Assembly, that Messrs. Joseph Church jun'' and Jonathan
Bull be and they are hereby appointed trustees, with full power
to receive from said Jepson a conveyance of all his estate and
effects for the use and benefit of his creditors, excepting as
"above excepted in said report referred to ; and upon said
Jepson's delivering up on oath and conveying all his estate
and effects for the purpose aforesaid, excepting as in said
report is excepted above referred to, said trustees are hereby
impowered to proceed with and dispose of said estate and
effects in the same manner as trustees appointed by force of
a late law of this Colony pass'd in May, 1765, entituled An
Act for preventing fraud in debtors and for securing the
effects of insolvent debtors for the use of their creditors and
for the equitable division of the estate and effects of sucli
debtors to and amongst their creditors, were enabled and
directed to proceed with and dispose of the estate and effects
of insolvent debtors ; and that the petitioner be and he is
hereby entituled to all the benefits, privileges and freedom
from arrests, which insolvent debtors conforming to said act
were entituled to; and that his person be and the same is
hereby discharged from any and all liableness to arrest and
imprisonment for debt by him owing to any person or per-
sons in the Provinces of the Massachusets Bay, Connecticut
or New York. And this act shall be a sufficient warrant to
all officers or others, to forbear arresting or imprisoning the
petitioner for any debt or debts heretofore contracted and
owed by him.
16 PUBLIC RECORDS [October,
Upon the petition of Silvester Gardiner, Esq'", of Boston in
tlie county of Suffolk and Province of the Massachusets Bay,
against William Jepson, of Hartford in the county of Hart-
ford : Whereas in October last Oliver Wolcott and Thomas
Darling, Esq''% and Capt. Joseph Trumbull were appointed a
committee to hear and examine the matters alledged in said
petition, and also to adjust all accounts and concerns
between said parties, and to make report to this Assembly in
May last, and said committee not having then finished their
report, and said petition being continued to this time :
Eesolved by this Assembly, that the said Oliver Wolcott and
Thomas Darling, Esq''% and Capt. Joseph Trumbull be and
they are reappointed a committee, to hear and examine the
matters in said petition alledged and also to adjust all
accounts and concerns between said parties, and to make
report of what they shall find in the premises to this Assem-
bly at their present session.
Upon the petition of John Alsop, of the city and Province
of New York, against George Stilman, of Saybrook in New
London county, shewing that he, said Alsop, before the
adjourned county court liolden at Hartford on the fourth
Tuesday of June, A.D. 1765, recovered a judgment against
said George Stilman and Beriah Bacon, then of Midletown,
now of Chatham in said Hartford county, for the sum of
^261 5 8, New York currency, for damages, and £2 8 0,
lawful money, for his costs of suit, and that having taken exe-
cution in due form of law on said judgment, he caused the
same on the first day of September thence next following, to
be levied by Stephen Blake, then a deputy sheriff for said
Hartford county, on two certain pieces of land then in said
Midletown now in said Chatham, being the proper estate of
said George Stilman : one of said pieces lying in the home
lot of said George, containing six acres and one hundred
rods of land, beginning at the northwest corner of land taken
on execution at the suit of Thomas Walker and running
thence west 37 degrees north by a lane or highway five rods,
thence west 13 degrees south by Bushes' building-yard eiglit-
een rods, thence south seven degrees west by Connecticut
[160] River thirty-five || rods, thence south 3 degrees west
by said river ten rods and an half, thence east 15 degrees
south by land taken the same day on execution at the suit
of John Provost twenty-eight rods, thence north 34 degrees
east twelve rods by land taken the same day on execution at
the suit of Gabriel Ludlow, thence west 37 degrees north by
Thomas Walker's said land twenty-one rods, thence north 18
1772.] OF CONNECTICUT. 17
degrees east by said Walker's land thirty rods to the station
first abovementioned ; the other piece lying in Pacousit
meadow and bounded west by the pond and south by Doct.
John Dickinson's land ; and the same being duly apprized at
the sum of £135 14 0, lawful money, that the said Blake
endorsed his return of said levy and apprizement on said
execution and took the same to return ; that, notwithstanding,
the said Blake either never returned said execution, or that
the same hath been casually lost out of the clerk's office of
the county court for said Hartford county, whereby he is in
danger of losing all benefit of said judgment; praying that
his title to said two pieces of land may be ratifyed and con-
firmed, and that he may have liberty to take out an alias
execution on said judgment for the balance thereon due, as
per petition on file, dated September 21st, 1772 : and said
Stillman now appearing by his attorney and confessing the
facts stated in said petition to be true : Resolved by this
Assembly, that said John Alsop and his heirs and assigns
may and shall have and hold the two pieces of land above
described, as fully and amply as though said execution with
said officer's endorsement had been returned and recorded in
the clerk's office of said Hartford county; and that this
decree, or an exemplification thereof, shall in any future
tryal at law be admitted and received as full evidence to
maintain the title of the said John Alsop, his heirs and
assigns, to said two pieces of land against the said George
Stilman, and all claiming by, from or under him ; and that
said John Alsop shall have liberty to take out an alias execu-
tion on said judgment against said Stilman and Bacon for
the balance due on said judgment, after deducting the sum
of X135 14 0, lawful money, at which said lands were
apprized, as is abovesaid.
Upon the petition of David Beekman and Abraham Lyn-
sen, both of the city and Province of New York, against
George Stillman, of Saybrook in the county of New London,
shewing to this Assembly that said David and Abraham
before the adjourned county court holden at Hartford on the
fourth Tuesday of June, 1765, recovered judgment against
said Stilman for the sum of £313 15 11, New York currency,
for damages, and =£2 6 6, lawful money, for their costs of
suit, and had execution issued thereon in due form of law,
and caused the same on the first of September following by
Stephen Blake, then sheriff's deputy for Hartford county, to
be duly levied on the southern half of said Stilman's dwelling-
house, then in said Midletown now in Chatham in said
3
18 , PUBLIC RECORDS [October,
county, and a small piece of land thereto adjoining contain-
ing three roods of land, beginning at the middle of said
house and running thence south 34 degrees west six rods by
the highway, thence turning and running west 37 degrees
north twenty rods, thence turning and running north 34
degrees east 6 rods, thence turning and running east 37
degrees south twenty rods through the middle of said house
to the station first mentioned, and the same was duly ap-
prized at £129 12s. 0, lawful money, and said Blake then
immediately indorsed his return of his doings in levying said
execution as aforesaid and the apprizement of said estate on
the back of said execution and took the same to return to
the clerk of the county court in order to record the same,
and that the same never was recorded in said clerk's office,
but either was lost by said Blake or purloined out of said
office, whereby said David and Abraham's title to said part
of said house and land above described is defeated, they hav-
ing, without any default or latches of theirs, been deprived
of all benefit of said execution ; whereupon they pray that
their title to said part of said house and land might be secured
to them as effectually as if said officer's return had been re-
corded in the proper office ; as per petition on file, dated Sep-
tember 21st, 1772 ; and said Stilman now appearing by his
attorney and confessing the facts stated in said petition to
be true : Resolved by this Assembly, that said David Beek-
man and Abraham Lynsen may and shall have and hold the
said half of the abovementioned house and said land above-
described to them, their heirs and assigns, as fully and amply
as if said Blake's return of said execution and apprizement
had been duly made to the office of the clerk of the county
court for said Hartford county and there recorded ; and that
this decree or a transcript thereof in all future trials at law
shall be admitted and received as full evidence of said David
and Abraham's title to said half of said house and said land
against said George Stilman and all claiming by, from or
under him.
[1 61] Upon the petition of Philip Daggett, of the town and
county of New Haven, representing to this Assembly that for
some years past he hath been a person in trade, and that by
means of much sickness, epileptic fits, loss of eyesight, and
other misfortunes, he is become insolvent and unable to pay
his debts, and is now attached and under confinement in
said New Haven at the suit of some of his creditors, and
praying to be liberated from his present confinement and to
be discharged upon his delivering up his estate on oath to
1772. J OP CONNECTICUT. 19
trustees by this Assembly for that purpose to be appointed
for the benefit of all his creditors, or that this Assembly will
otherwise provide for his relief as they in their great wisdom
shall think proper : This Assembly do therefore appoint John
Whiting, Daniel Lyman and Samuel Bishop junf, Esqi's, a
committee to examine the circumstances of the said Daggett
and to ascertain the amount of his debts, credits and estate,
and the true situation of his affairs, and to make report
thereof to this or the next General Assembly, and that he,
the said Daggett, be and he is hereby liberated from his pres-
ent confinement and from all arrests of his present creditors
for and on account of any debts now due, until the rising of
the General Assembly of this Colony in May next.
Upon the petition of Benjamin Kissam and Joseph Hallet,
both of the city and Province of New York, against George
Stilman, of Saybrook in the county of New London, shewing
to this Assembly that the petitioners, as executors of the last
will and testament of Nathaniel Hazard late of said city,
merchant, deceased, before the adjourned county court holden
at Hartford on the fourth Tuesday of June, A.D. 1772, re-
covered a judgment of said court against said George Stil-
man for the sum of XlOO 10 1, New York currency, for their
damages, and £2 6 6, like money, for their costs of suit, and
soon after took out execution thereon in due form of law,
and the same on the first day of September then following
caused to be levyed by Stephen Blake, then a deputy-sheriff
for Hartford county, on part of the then dwelling-house and
house-lot of said George lying in Chatham in said Hartford
county, to wit : on part of the northern half of said house
and three-quarters of an acre of land thereto adjoining,
bounded easterly on a highway, northerly and westerly on
land taken in execution the same day by Thomas Walker,
and southerly on the other half of said house and land taken
in execution at the same time at the suit of David Beekman
and Abraham Lynsen, and the whole of said northern half
being duly apprized at £120 8 0, lawful money, so much of
the same was set out to the petitioner in severalty as was of
the value of <£58 10s., lawful money, and that said Blake
endorsed on said execution the levy and apprizement afore-
said and took the same to return, but that said Blake either
never made any return of said execution or the same is cas-
ually lost out of the clerk's office of said county court,
whereby the petitioners are liable to lose all benefit of their
said judgment, and praying a confirmation of their title to
said house and land under said levy, as per petition on file,
20 PUBLIC RECORDS [October,
dated September 28tb, 1772; and the said Stilman now ap-
pearing by his attorney and confessing the facts stated in
said petition to be true : Resolved by this Assembly, that
said Kissam and Hallett, their heirs and assigns, shall and
may have and hold said interest in said house and land as
fully and amply as though said execution and said officer's
return thereon had been duly returned into the office of the
clerk of the county court for said Hartford county and there
recorded, and that this decree, or an exemplification thereof,
shall be admitted and received in any future tryal at law as
full evidence of the said Kissam and Hallet's right and title
to said interest in said house and land against any claim of
said Stilman or any other person or persons claiming from,
by or under him.
Upon the petition of Gabriel Ludlow, of the city and Prov-
ince of New York, and Samuel Cooper, of Chatham in the
county of Hartford, against George Stilman, of Saybrook in
the county of New London, shewing to this Assembly that
said Gabriel before tlie adjourned county court holden at
Hartford on the fourth Tuesday of June, 1765, recovered two
several judgments against said Stilman: the one for .£118
5 8, York currency, for damages, and ^2 6 6, lawful money,
for costs of suit, and the other for £167 7, York currency,
damages, and <£2 6 6, lawful money, for costs of suit, and
had execution thereon in due form of law, and caused the
same on the first day of September A. D. 1765, by Stephen
Blake, then sheriff's deputy for Hartford county, to be duly
[162] levied on a piece of || land in the home-lot of said Stil-
man, then in said Midletown now in Chatham in said county,
containing twelve acres of land, beginning at the highway
six rods south of said Stilman's dwelling-house and runs
thence south 84 degrees west forty-one rods by said highway,
thence west 40 degrees south by said highway twenty-three
rods, thence west 33 degrees south by said highway seven
rods, thence west 16 degrees south ten rods to Connecticut
River, thence north 11 degrees west by said river thirteen
rods, thence north 34 degrees east partly by land taken in
execution the same day by John Provost and partly by land
taken by execution the same day by John Alsop sixty-one
rods and an half, thence east 37 degrees south by land taken
by execution by Thomas Walker and David Beekman and
others thirty rods to the first station, which was then duly
appiized, and that said Blake made and endorsed his return
of said levy and apprizement of said land on said execution
in due form of law, and that said Ludlow tliereupon entered
1772.] OF CONNECTICTJT. 21
in and upon said land and held the same and hath ever since
possessed the same, and hath now sold the same with war-
ranty to said Samuel Cooper, and that said Blake about six-
teen months after said levy was drowned, and that said
Gabriel and Samuel have made diligent search among the
papers of said Blake for said executions but are not able to
find them, and that the same were lost by said Blake or else
negligently lost in or purloined out of the office of said clerk
of the county court without any default of said Gabriel and
Samuel, whereby their title to said land is rendered very pre-
carious and in danger of being defeated ; whereupon they
pray that their title to said land may be held and deemed
good and effectual in law to hold the same as thS said execu-
tions with the sheriif's return thereon had been recorded in
said clerk's office, as per petition on file, dated September
21st 1772 ; and the said Stilman now appearing by his attor-
ney and confessing the facts stated in said petition to be
true : Resolved by this Assembly, that said Samuel Cooper
may and shall have and hold the piece of land abovedescribed,
to him, his heirs and assigns, as fully and amply to all in-
tents and purposes as though said Blake's return of said levy
and apprizement had been duly made to the office of the clerk
of the county court for said Hartford county and there re-
corded, and that this decree or a transcript thereof in all
future tryals at law shall be admitted and received as full
evidence of said Samuel's title to said land against said George
Stilman and all claiming from, by or under him.
Upon the petition of William Walker, Isabel Walker and
Rebecca Walker, all of the city of Chester in England, and
Deborah Walker, of Midletown in the county of Hartford,
against George Stilman, of Say brook in the county of New
London, shewing to this Assembly that Thomas Walker, late
of said Midletown, deceas'd, in his life time before the ad-
journed county court holden at Hartford on the fourth Tues-
day of June, 1765, recovered judgment against said Stilman
for the sum of £126 15 0, lawful money, damages, and £1
19 6, like money, for costs, and took execution thereon and
caused the same on the first day of September following by
Stephen Blake, then sheriff's deputy for Hartford county, to
be duly levyed on eight acres of land the property of said
Stilman and parcel of his home-lot, then lying in said Midle-
town now in Chatham in said Hartford county, beginning at
the corner opposite to Noah Smith's house and running by
the highway, thence south 34 degrees west fifteen rods and
three quarters, thence turning and running by a piece of land
22 PUBLIC RECORDS [October,
reserved for a house-lot west 37 degrees north twenty rods,
thence turmng and running south 34 degrees west by the rear
of said house-lot to land the same day taken in execution at the
suit of Gabriel Ludlow, thence turning and running by s^id
Ludlow's said land and John Alsop's land west 37 degrees
north thirty-one rods and an half, thence turning and run-
ning by said Alsop's said land north 18 degrees east to a lane
or highway, thence by said highway east 37 degrees south
fifty-nine rods to the first station ; and that said Blake made
and endorsed his return of said levy and the apprizement of
said land on said execution in due form of law, and that said
Blake afterwards lost said execution or that the same was
casually lost out of the office of the clerk for said Hartford
county without the default of said Thomas, whereby the title
of said Thomas to said land is in danger of being defeated ;
farther shewing that said Thomas by his last will and testa-
ment since his death duly proved and approved devised his
real estate to said petitioners, and praying a confirmation of
their title to said land, as per petition on file, dated Septem-
ber 22d, 1772 ; and the said Stilman now appearing by his
attorney and confessing the facts stated in said petition to
[163] be true: || Resolved by this Assembly, that the lega-
tees of the real estate of said Thomas Walker deceased may
and shall have and hold said land abovedescribed to them
and their heirs, as fully and amply to all intents and purposes
as though said Blake's return of said levy and apprizement
had been duly made to the office of the clerk of the county
court for said Hartford county and there recorded ; and that
this decree or a transcript thereof in all future tryals at law
shall be admitted and received as full evidence of said lega-
tees' title to said land against said George Stilman and all
claiming from, by or under him.
Upon the petition of James Jauncey, of the city and Prov-
ince of New York, against George Stilman, of Saybrook in
the county of New London, shewing to this Assembly that he,
said petitioner, before the adjourned county court holden at
Hartford on the fourth Tuesday of June, A.D. 1765, recov-
ered judgment against said Stilman for the sum of X105 1 4,
York currency, damages, and £2 6 6, lawful money, for cost
of suit, and had execution issued thereon in due form of law,
and caused the same on the first day of September following
by Stephen Blake, then sheriff's deputy for Hartford county,
to be duly levyed on part of the dwelling-house of said George
Stilman then in Midletown in Hartford county now in Chat-
ham in said county, to wit, on part of the northern half of
1772.] OF CONNECTICUT. 23
said house and three quarters of an acre of land adjoining :
said land being bounded easterly by a highway, westerly and
northerly by land the same day taken in execution at the suit
of Thomas Walker, and southerly by the other half of said
house and land taken the same day in execution at the suit
of David Beekman and Abraham Lynsen, viz : such part of the
same as was of the value of <£61 18 0, the whole being ap-
prized at X120 8 0, lawful money ; and that said Blake made
and endorsed his return of said levy and the apprizement of
said land on said execution, in due form of law, and that said
Blake afterwards lost said execution, or that the same was
casually lost out of the office of the clerk for said Hartford
county, without the default of the said James, whereby the
title of said James to said house and land is in danger of
being defeated, as per petition on file, dated the 21st of Sep-
tember, A.D. 1772 ; and said Stilman now appearing by his
attorney and confessing the facts stated in said petition to be
true : Resolved by this Assembly, that said James Jauncey
may and shall have and hold that part of said house on
which said execution was levied and said land above de-
scribed to him and his heirs, as fully and amply to all intents
and purposes as though said Blake's said return of said exe-
cution, levy and apprizement had been duly made to the of-
fice of the clerk of the county court for said Hartford county
and there recorded ; and that this decree or a transcript
tliereof in all future tryals at law shall be admitted and re-
ceived as full evidence of said James' title to said part of
said house and said land against said George Stilman and all
claiming from, by or under him.
Upon the petition of Josiah Phelps against John Lewiss :
Resolved by this Assembly, that the consideration of said
petition be continued to the General Assembly to be held in
May next ; and the judgment and execution complained of in
said petition and all proceedings thereon are hereby ordered
to be suspended until the rising of the General Assembly in
May next.
Upon the petition of Silas Dean against Joseph Forbs,
John Lawrence, Roger Newberry, Esq""', and Capt. George
Pitkin are hereby reappointed a committee to make their
report on said petition to the General Assembly in May next ;
and said petition is hereby continued to the General Assem-
bly in May next.
Upon tlie petition of John Hills &c., praying for an act of
insolvency, Benjamin Payne and Roger Newberry, Esq'% and
Capt. Hugh Ledlie are hereby reappointed a committee to
24 PUBLIC RECORDS [October,
hear and report to the General Assembly in May next ; and
said Hills is hereby protected from all arrests and imprison-
ment for debt until the rising of the Assembly in May next.
[164] Upon the petition of Thomas Barbur the third &g.,
against Rachel Dowe &g. : Resolved, that the execution
against the petitioners mentioned in said petition be and the
same is hereby suspended to the rising of the Assembly in
May next ; and said petition is continued to the General
Assembly in May next.
Upon the petition of Ezekiel Pierce against Samuel Stew-
art, Colo. Jabez Fitch, Colo. William Williams and Elisha
Payne, Esq", are hereby reappointed a committee to enquire
about the receipt of twenty-nine pounds one shilling taken
for paid by the petitioner to William Robertson on said exe-
cution in said petition mentioned, and about said receipts
being lost and any mistake in not allowing the same made
by said arbitrators in said petition mentioned, and every-
thing and matter relative thereto, that justice may be done,
and make report to the General Assembly in May next with
their opinion thereon : provided the petitioner procure suffi-
cient bonds to said committee to respond the cost to the peti-
tionee, in case he fails to recover on said petition.
Upon the memorial of the selectmen of Hartford against
the Colony Treasurer : Resolved, that said memorial be con-
tinued to the Assembly in May next, and execution against
said selectmen be stayed until the rising of the Assembly in
May next.
Upon the citation of John Lawrence, Esq'', Treasurer of
this Colony, against the selectmen of the town of Stonington,
shewing that there is a balance of one hundred and ninety-
three pounds one shilling and four pence half-penny, lawful
money, principal, and the interest thereof from the first day
of September, A. Bom. 1767, due to said Treasurer on the
penny half-penny rate laid by this Colony on the polls and
rateable estate of the inhabitants of the town of Stonington
in the year A.D. 1757, of which rate Silvester Baldwin was
collector, and that said collector having no estate was impris-
oned for said balance and broke and escaped from goal &c. ;
citing said selectmen to shew reason, if any they have, why
execution should not be granted against them for said bal-
ance and interest, as per citation on file ; and said selectmen
having been heard on said citation &c. : It is resolved and
ordered, that the Treasurer of this Colony be directed and he
is hereby directed and ordered, to issue execution against the
selectmen of said Stoningtoji in due form of law, for the
1772.] OF CONNECTICUT. 25
aforesaid balance and the interest thereof from said first day
of September, A^mo Dom. 1767.
Upon the citation of John Lawrence, Esq'', Treasurer of
this Colony, against John Watrous, Esq"", one of the principal
inhabitants of the town of Colchester, and the rest of the in-
habitants of said Colchester, shewing that there is a balance
of two hundred and sixty-five pounds thirteen shillings and
one farthing, principal, due to said Treasurer, and the inter-
est thereof from the first day of September, 1767, on the
Colony rate of the year 1762, from said town of Colchester,
of which rate John Hopson was collector, who is become in-
solvent, and that execution has been granted against the
selectmen of said Colchester, and the same is returned non
est inventus, whereby said balance and interest remains un-
paid, citing said inhabitants of said Colchester to shew rea-
son why execution should not be issued against them (fee. for
said balance (fee, as per cifation on file; and said town hav-
ing been heard thereon, their reasons <fec. : It is resolved,
that the Colony Treasurer be directed and he is hereby or-
dered and directed, to issue execution against said town of
Colchester in due form of law for the sum of X265 13s. Old.,
lawful money, the principal due on said rate, to be levied of
the estate, monies <fec. of the inhabitants of said town of
Colchester.
Upon the petition of Elisha Royce, of Wallingford in New
Haven county, against Adam Babcock, of New Haven in
said county &c., shewing to this Assembly that he now stands
indebted to divers persons in considerable sums of money,
which he is at present unable fully to pay ; praying for relief
in the premises : Messrs. Daniel Lyman, Thomas Howell and
[165] David Austin are hereby || appointed a committee, to
look into and hear all matters mentioned and referred to in
said petition, and their report of what they find in the prem-
ises to make to this Assembly at their sessions in May next ;
and the body and estate of the said Royce is hereby protected
and freed from any arrest or imprisonment, either on mesne
process or execution, for any debt now due and owing from
him, the said Royce, to any creditor or creditors parties
to this petition, until the rising of this Assembly in May
next.
Upon the petition of Hezekiah Belding of Norwalk, pre-
ferred to this Assembly in October, 1770, against Messrs.
William Bayard and company, Charles McEvers, Samuel
Bayard jun', Perry, Hays and'Sherbrook, all of New York,
representing that certain large payments were by said Beld-
4
26 PUBLIC EECORDS [October,
ing heretofore made to and hitherto unapplied by the peti-
tionees to the payment of his debts due from him to the
petitionees, and that the evidence thereof was in the hands
of the petitionees &c.; praying for an application thereof and
a discharge from their demands ; upon which petition this
Assembly at their sessions in October, 1771, appointed
Messrs. Richard Alsop, David Baldwin and Jonathan Sturges
a committee, to hear, examine and report according to law,
who having appointed time and place &c. met for the dis-
patch of said business : the petitionees by their attorney
appeared and declared they were not prepared to shew their
debts against the petitioner : whereupon it was agreed by the
petitioner and the petitionees, that said cause should be con-
tinued &c., and that the petitionees should at their own
proper cost and expence notify the petitioner &c.; where-
upon this Assembly at their session in May, 1772, did reap-
point said committee and decree and order that the peti-
tionees should at their own cost and expence call together
said committee and notify the petitioner thereof by the first
of September, 1772, on pain of forfeiting the sums due to
them respectively from the petitioner, and he be forever dis-
charged therefrom ; and said petitioners having neglected to
call said committee together or in any manner to comport
with said act of Assembly, having been served with a copy of
said resolve before the last day of June, 1772 : It is there-
upon resolved and ordered by this Assembly, that the peti-
tioner be and he is hereby discharged of and from all
demands, debts and dues, which the petitionees have or claim
to have against him, the petitioner, and that this act may be
given in evidence by petitioner in anv suit at law commenced
by the petitionees for their said demands against the peti-
tioner, and shall be allowed as a full discharge and satisfac-
tion thereof.
Upon the petition of Ralph and Eleazer Pomeroy now pre-
ferred to this x4.ssembly, against Pantry Jones and Peletiah
Pierce, shewing that a judgment is recovered against the
said Eleazer at the county court in June last by default,
which stands continued to the county court at Hartford in
Nov. next, and another action is now depending in said Nov-
ember court, both against the said Eleazer on two notes of
hand given to Abigail Kilborn, for the payment of which the
petitioners estate was taken by said Jones and Pierce more
than sufficient to pay tlie same, which they have sold and
disposed of by the consent of the said Abigail, and they will
pot apply the same, and an action is brought against them
1772.] OF CONNECTICUT. 27
for the same, which is also now depending ; and as the
merits of said petition cannot be heard at this time &c.:
Resolved by this Assembly, that said petition be and the
same is hereby continued to the General Assembly in May
next, and that in the mean time all the proceedings upon the
aforesaid judgment and note given by the said Bleazer as
aforesaid be stayed and suspended, except the stay of pro-
ceedings on one of said notes, viz: the note on which judg-
ment by default hath already been given.
Upon the petition of Samuel Stone Butler of Harwington,
against Andrew Adams of Litchfield &c., representing that
by reason of sickness and other misfortunes he is unable to
pay off all his just debts in full ; praying for an act of insol-
vency &c.: Resolved by this Assembl}^ that the consideration
of this petition be continued to the General Assembly at
their sessions at Hartford in May next, and that the body
and estate of the said Butlec be and the same is hereby pro-
tected from any arrests or imprisonment, either on mesne
process or execution, for any del3t by him now due and owing,
until the rising of said Assembly in May next ; and that
Abijah Catlin, Epaphras Sheldon, Esq", and Mr. Ashbel
Skinner be and they are hereby appointed a committee to
hear and examine the matters alledged in said petition, and
make report thereon according to law.
[166] Upon the memorial of Thomas Gold, of Reading in
the county of Fairfield, representing to this Assembly that
the selectmen of said Reading on the 20th day of September,
1771, did appoint Daniel Sanford of said Reading to be over-
seer of the memorialist, upon the act of this Colony entituled
An act for relieving and ordering of idiots, impotent, dis-
tracted and idle persons, as being guilty of mismanagement
and bad husbandry, and representing that he was not guilty
of mismanagement &c. within the meaning and intent of
said act, as he hath been industrious and prudent in the con-
ducting of his business and affairs, and what of his estate he
hath expended has been in charitable deeds, according to the
dictates of his conscience ; and it appearing that since the
preferring of this petition the said selectmen have on the
17th day of September, xl.D. 1772, taken the estate of the
memorialist into their care on said act &c.: Resolved by this
Assembly, that the memorialist hath not behaved and con-
ducted himself in such manner as to be deemed guilty of
idleness, mismanagement or bad husbandry, within the intent
and meaning of said act : And thereupon it is resolved and
decreed by this Assembly, that said doings of said selectmen
28 PUBLIC RECORDS [October,
be and they hereby are nullified and declared to be void and
of none effect.
Upon the petition of Reynold Marvin, of Litchfield in Litcli-
field county. Esq"", against Isaac Baldwin of said Litchfield,
Esq"", &c., shewing to this Assembly that he is indebted to
divers persons in considerable sums of money which he is at
present unable fully to pay ; praying for relief in the prem-
ises : Oliver Wolcott, Increase Mosely and Daniel Sherman,
Esqrs, are hereby appointed a committee to look into and
hear all the matters mentioned and referred to in said peti-
tion, and their report of what they find in the premises to
make to this Assembly at their sessions in May next ; and
the body and estate of the said Marvin is hereby protected
and freed from any arrest or imprisonment, either on mesne
process or execution, for any debt now due and owing from
him, the said Marvin, to any creditor or creditors, parties to
this petition, until the rising of this Assembly in May next.
Upon tlie petition of Ebenezer Keeney and Judson Burton,
both of Derby in the county of New Haven, late merchants
in company, otherwise called Burton & Keeney, merchants
in company, against Joseph Jackson &c. : Joseph Hull, Charles
French, Esq''^, and Capt. John Wooster, all of Derby afore-
said, are appointed a committee to hear the matters contained
in said petition and relative thereto, and to make report of
what they find with their opinion thereon to the Assembly in
May next ; and that in the mean time the said Keeney and
Burton, and eacli of them, be and they are hereby protected
from all and any arrest or imprisonment at the suit of any
of the said creditors or creditors of the said company.
. Whereas upon the petition of Izrahiah Wetmore, of Strat-
ford in Fairfield county, clerk, guardian to Jabez Huntington
Tomlinson of said Stratford, a minor, representing that cer-
tain lands and buildings in Derby in New Haven county were
some time since made over and conveyed to Judson Burton of
Stratford and Gideon Tomlinson of Stratford, father of said
Jabez Huntington, by Ebenezer Keeney and Judson Burton
of said Derby, defeasible on the said Judson Burton and Gid-
eon Tomlinson being indemnifyed against a certain bond
entered into by them in behalf of said Keeney and Burton to
Thomas Hill, late sheriff of Fairfield county, which has not
been done c%c. ; praying for liberty to sell said lands &c. ;
John Brooks, Isaiah Brown and Jolm Chandler were in May
last appointed a committee to examine &c. according to law,
and said committee have reported the facts stated in said
petition, which report is accepted so far as relates to the said
1772.] OF CONNECTICUT. 29
Jabez Huntington Toralinson's part of said land &c., as per
petition and report on tile appears : Resolved by this Assem-
bly, that the petitioner be and he is hereby impowered and
fully authorized, to sell and convey the said Jabez Hunting-
ton Tomlinson's part and moiety of the said mortgaged lands
and buildiiigs in said report mentioned ; and that unless the
said Ebenezer Keeney and Judson Burton shall pay said debt
to the executors of tlie said Thomas Hill within three months
after the rising of this Assembly, they shall be and are here-
by foreclosed of any equity of redemption in the said mort-
gaged premises.
Whereas upon the petition of Abijah Beach, of Stratford
in Fairfield county, preferred to this Assembly in their ses-
sion at Hartford in May last, representing that by reason of
[167] many misfortunes in years past, which || he has sus-
tained in the course of his trade as a merchant, he is now
from prosperous circumstances so reduced that he is unable
to pay all his debts &c. ; praying that his creditors may be
compelled to compound with him &c., as per petition on file,
Theophilus Nichols and John Brooks, Esqi's, and Joseph Clark
were then appointed a committee to enquire into the matters
complained of in said petition and their report to make to
this Assembly with their opinion thereon ; and whereas said
committee have now reported that, having duly notified said
Beach and his creditors to appear before them, the said Beach
appeared and some few of his creditors to prove their debts
only, but no one apjieared to oppose his petition, and that
they find that said Beach was brought up in trade and that
he entered early into that business with a handsome fortune
at first, but that said Beach is now reduced and unable to
pay his debts, and that he is indebted to divers persons in
the report mentioned in the sum of <£1987 O*-. lie?., lawful
money, and that all the estate he now has left consists of his
credits due to him on note and book, amounting to the sum
of £121s 11 10, like money, and that some time in the sum-
mer-season of the year 1767, he was crowded by his creditors
for their money and then shut himself up to avoid the arrests
of his creditors, and immediately acquainted them Avith his
situation and offered them all his estate if they would take it
and discharge him, or desired them to give him a letter of
licence that he might settle his affairs, and that they gave
him a letter of licence in March, 1768, for two years from
that time witli the strongest covenants not to molest him in
the law, and that he thereupon went about his business as
usual, and that one of his creditors who had signed that let-
30 PUBLIC RECORDS [October,
ter of licence soon after sued him, and that said Beach was
thereby again intimidated and shut himself up again to avoid
being arrested and has been ever since confined to his own
house until the sitting of this Assembly in May last, and dur-
ing that time that he made several attempts to settle with
his creditors by giving up all his estate if they ^^ould accept
of it and discharge him, which they refused, and that during
all that time he was obliged to support himself and his family
out of what he had in his hands without being able to do any
business, and that by that means and by losses at sea and
other casualties incident to trade he is now become insolvent,
and that during his confinement the residue of his personal
estate was taken by execution and otherwise fairly disposed
of toward payment of his debts ; and that a number of his
creditors to the amount of £1241 3 3, by writings under their
hands have manifested their willingness that the prayer of
his petition should be granted, and that no one appeared to
oppose it ; and thereupon said committee give it as their
opinion, that upon his delivering up all his estate to be dis-
posed of for the benefit of his creditors that said Beach ought
to be discharged from all the debts now due from him &g.,
as per report on file, which report is now accepted, there
being no opposition made thereto by any of his creditors : It
is thereupon resolved and by this Assembly enacted, that
Theophilus Nichols, John Brooks, Esq'"^ and Doct. Joseph
Clark, all of Stratford, be and they are hereby appointed
trustees, with full power and authority to receive from said
Abijah Beach a conveyance of all his estate and effects of
what nature soever, for the use and benefit of his creditors ;
and upon said Beach's delivering and conveying to said trus-
tees all his estate and effects with all his papers and accounts
relating to any debts due to him, for the aforesaid use, they
are hereby impowered and directed to proceed with and dis-
pose of said estate and effects in the same manner as trustees
appointed by force of a late law of this Colony passed in the
General Assembly holden at Hartford in May, 1765, entituled
An act for preventing fraud in debtors and for securing the
effects of insolvent debtors for the use of their creditors and
for the equitable division of the estates and effects of such
debtors to and among their creditors, were enabled and
directed to proceed with and dispose of the estates of insolv-
ent debtors ; and that the said Beach be and he is hereby
entituled to all the benefits, privileges and freedom from
arrests which insolvent debtors conforming to said act were
entituled to ; and tliat this resolve and act shall be a sufH-
1772.] OP CONNECTICUT. 31
cient warrant to any officer to discharge liim from any arrest
on account of any such debt or debts.
Upon the memorial of Daniel Fish and sundry other sub-
scribers, inhabitants of the first society of Stonington, vs. the
inhabitants of said society, complaining that said society had
passed several votes subversive of the true intent and mean-
ing of an agreement entered into by the two societies now
united and of which the present first society is composed,
and which said agreement and union was established by this
Assembly in May, 1765, and thereupon praying for the inter-
position of this Assembly, as per their memorial moi-e at
large appears : This Assembly, having heard the parties
and being of opinion that the said agreement of union estab
[168] lished as aforesaid ought to be || by the said society
well and truly observed, recommend to said society by all
means to endeavour to, maintain peace and union among them-
selves by a conformity thereto ; and for their assistance and
encouragement therein, this Assembly appoints William Hil-
house, Robert Creary and Samuel Stewart, Esq", a committee
to. repair to said first society and endeavour by their advice,
assistance and council, to reconcile the parties, compromise
the difficulties subsisting among them, and further ascertain
the method of their futni-e conduct ; and in case they shall
not be able to accomplish so desirable a purpose, they are
directed to enquire into all the circumstances relative to said
difficulties and make report of all such matters as may be
material for a determination on said memorial, and make
report thereof with their opinion thereon to this Assembly in
May next.
General Assembly, 3Iay, 1772. Upon the petition of Syl-
vanus Bishop, praying for an act of insolvency &c., Messrs.
Samuel Bishop jun"", Esq"", Nathan Beers and Stephen Mans-
field are appointed a committee to hear and report according
to law to this Assembly in October next ; and the said Bishop
is liberated from his imprisonment and all arrests in the
meantime.
Pass'd in the Lower House, test. Wm. Williams, Clerk.
Concurr'd in the Upper House, test. George Wyllys, Secr'y
General Assemhli/, October, 1772. In the Lower House,
Messrs. Samuel Bishop jun'', Esq"", Nathan Beers and Stephen
Mansfield are reappointed a committee on the within de-
scribed petition, and the same protection is hereby granted to
the petitioner as mentioned within, and to report in May
next.
Test. Wm. Williams, Clerk.
Concurr'd in the Upper House, ^es^. George Wyllys, Secr'y.
32 PUBLIC RECORDS [October,
Upon the petition of Eleazer Huntington, of Mansfield in
Windham county, conservator of the person and estate of
Jonathan Curtiss of said Mansfield, against Samuel Curtiss,
Mary Curtiss and Eunice Curtiss of said town, preferred to
the General Assembly held at Hartford in May last, rep-
resenting that said Jonathan and Samuel had combined
togefher to conceal the estate of said Jonathan in the hands
of said Samuel, in order to prevent the wife of said Jonathan
from having her support out [of] the estate of said Jonathan ;
and that in consequence thereof said Mary and Eunice,
daughters of said Jonathan, had been obliged to support
their said mother at their own expence and cost for several
years &c., as per said petition on file appears ; on which peti-
tion said Assembly appointed Hezekiah Manning, Jacob
Simons and Samuel Craft, Esq''% to hear said parties thereon
and their report make of what they should find touching the
matters in said petition alledged &c.; "which committee hav-
ing heard said parties on said petition have reported to this
Assembly, that the said Samuel did in their presence deliver
to said conservator the estate said to be concealed in his
hands, and that said conservator and said Samuel executed
discharges to each other relative thereto ; and said commit-
tee further find that said Mary and Eunice have necessarily
expended of their own estate for the support of their said
mother the sum of twenty pounds, lawful money, more than
they have received, which sum is now justly due to them,
and which said committee are of opinion ought to be paid to
them out of the estate of said Jonathan by said conservator,
as by said report on file appears, which report is by this
Assembly accepted and approved: And thereupon it is
resolved by this Assembly, that the said Mary and Eunice
shall have and recover of the estate of said Jonathan, for sup-
porting their said mother as aforesaid, said sum of twenty
pounds, lawful money, and said conservator is hereby
directed to pay the same accordingly out of the estate of said
Jonathan in his hands, if he have sufficient estate of said
Jonathan to pay the same.
Upon the petition of Abraham Fowler &c., selectmen of
Guilford, against Timothy Fowler, representing to this
Assembly that the superior court holden at New Haven on
the third Tuesday of December, 1771, had manifestly err'd
in rendering judgment against the petitioners and in favour
of the said Timothy, per petition on file, dated 31st of Decem-
ber, 1771 : Resolved by said Assembly, that the superior court
in proceeding to and rendering the judgment complained of
1772.] OP CONNECTICUT. 33
ill said petition had manifestly erred and mistook the law ;
and the said judgment is hereby reversed and set aside,
[169] Upon the petition of Tabor Tooker of Saybrook
against Sarah Shaw, widow of George Shaw late of Saybrook
deceas'd, George Shaw, James Shaw, Betsy Shaw, Martha
Shaw and Patience Shaw, children and heirs of said George
deceas'd, shewing to this Assembly that on the fifth of April,
1760, he purchased of said deceased about one acre of land
lying in said Saybrook, and he then paid the sum of .£17 0,
the purchase monies agreed on ; that said George then exe-
cuted a deed thereof to the petitioner describing said lands to
be bounded south on the cove, east on the great river, north
and west on the petitioner's other lands ; and that said George
died without having acknowledged said deed ; praying that
said deed may be recorded and given in evidence of his title
&c., as per petition on file : Resolved by this Assembly, that
the town-clerk of said town of Saybrook be and he is hereby
enabled and directed, to record said deed ; and the same
being recorded shall be admitted in evidence in any tryal at
law and shall be as effectual for securing the title of said land
to the petitioner as though the same had been acknowledged
by the grantor.
Upon the petition of Gurdon Saltonstall, Esq'', of New
London in said Colony, preferred to the General Assembly
held at Hartford in May last and continued to this time, rep-
resenting that through losses and misfortunes he is unable to
pay his just debts, and praying that upon his surrendering all
his estate to trustees for the use of his creditors he may be
secured and protected from arrests and imprisonment on
account of any debts heretofore contracted, as per petition on
file : Resolved by this Assembly, that Colo. Ebenezer Wil-
liams of Pomfret, David Burr, Esq% of Fairfield, and John
Brooks, Esqs of Stratford, be and they are hereby appointed
a committee, with full power to call the said Gurdon Salton-
stall and all his creditors before them and to examine into
the matters in said petition ailed ged and every matter and
thing thereto having relation, and to make report of the facts
they shall find according to law to this or the next General
Assembly, to be holden at Hartford in May next ; and that
in the meantime the person and estate of the said Gurdon
shall be secured and protected, and is hereby secured and pro-
tected from any arrest, imprisonment, attachment or seizure,
for and on account of any debt or duty heretofore contracted
and arisen, until the rising of the General Assembly in May
next; and that all suits and actions at law on such debts
34 PUBLIC EEC EDS [October,
already commenced or that hereafter shall be commenced in
the mean time be stayed.
On the memorial of John Gilbert of Midletown, administra-
tor on the estate of Eleazer Gilbert late of Midletown
deceas'd, shewing to this Assembly that the debts and
charges due from said estate, together with some allowance
of necessaries for the widow, surmount the moveable part of
said estate the sum of <£23 18 4i, lawful money, and there-
upon praying for liberty to sell real estate &c. : Resolved by
this Assembly, that the memorialist have liberty, and liberty
is hereby granted, to sell so much of the real estate of said
deceas'd as will procure the aforesaid sum of X23 18 4i,
lawful money, together with the incident charges arising on
such sale ; taking the direction of the court of probate in the
district of Midletown therein.
On the memorial of Daniel Hall 3'', administrator on the
estate of Timothy Hall late of Durham dec'd, shewing to
this Assembly that the debts and charges due from the
estate of said deceas'd, together with some allowance made to
the widow and relict of necessary household goods made and
allowed by the court of probate for the district of Midletown,
surmount the moveable part of said estate the sum of <£64 4
2, L. money, and thereupon praying for liberty to sell land
&c., as per memorial on file : Resolved by this Assembly,
that the memorialist be impowered, and he is hereby fully
authorized and impowered, to sell so much of the real estate
of said deceas'd as will procure the aforesaid sum of .£64 4 2,
together with the incident charges arising on such sale ; tak-
ing the direction of the court of probate for the district of
Midletown therein.
Upon the memorial of Elizabeth Lord jun'', of Norwich,
preferred to this Assembly in May last, therein representing
that her late husband, Doct. Elisha Lord of said Norwich,
died intestate on the 20th day of March, 1768, leaving the
memorialist a widow with five small children ; that said
deceas'd by means of losses and misfortunes in trade and
navigation was greatly insolvent, and owed at the time of his
death about two thousand pounds, and left no estate saving
[170] some small || debts due to him, to the amount of one
hundred pounds ; that none of the creditors to said deceas'd
hath ever appeared or probably ever will, to administer on
said estate, and all of them which the memorialist had been
able to apply to had manifested a willingness that the memo-
rialist should have the benefit of what might or could be col-
lected for the use of herself and children &c. ; praying that
1772.] OF CONNECTICUT. 35
she, the said memorialist, might have liberty to take letters
of administration on said estate so far forth as to impower
her to collect what of said debts might be collected without
being liable to the suit of any of the said creditors, and render
her account to the judge of probate for the district of Nor-
wich &c., as per memorial on file : said Assembly at their
session in May last ordered and enacted that said memorialist
should give notice to all creditors to said deceas'd by adver-
tising in one or more of the publick newspapers of this Colony
for the space of six weeks successively, to appear and take
administration on tlie estate of said deceas'd if they see cause,
or to appear at this Assembly and shew reason why the
prayer of said memorial should not be granted : and it
appearing to this Assembly that the memorialist hath given
due notice to said creditors by advertisement agreeable to
said act of Assembly, and none of said creditors have
appeared either to take administration on said estate or make
any objections why the prayer of said memorial should not be
granted : Whereupon it is resolved by this Assembly, that the
said Elizabeth Lord junf have liberty, and liberty is hereby
granted unto her, to take letters of administration on the
estate of her deceas'd husband, the said Elisha Lord, without
giving bond in the usual form, so far forth as to collect
together and recover the estate and debts due and belonging
to said deceas'd at the time of his death, and render an
account thereof to the judge of probate for the district of
Norwich when thereto required. And the said judge of pro-
bate is hereby directed and impowered to grant unto tbe
memorialist letters of administration in manner aforesaid.
And it is further resolved by this Assembly, that said memo-
rialist shall not be liable to any suit or action at law in
favour of any of the creditors to said deceas'd or subjected
thereto by reason or on account of her administring upon
said estate in manner above directed.
Upon the memorial of Asahel Phelps of Hebron, collector
of Colony tax for the year 1761, shewing to this Assem'bly
that he not having paid said tax to the Treasurer in due time
execution issued in due form of law for the then supposed
balance, which execution was after paid and satisfied, but it
so happened through mistake that execution issued for a less
sum than the real balance, so that there is a considerable
balance still due on said rate &c. ; praying for time of pay-
ment for said balance <fec., as per memorial on file : Resolved
by this Assembly, that the memorialist have liberty, and lib-
erty is hereby giyen hini, to, lodge with the Treasurer of the
36 PUBLIC RECORDS [October,
Colony proper obligation with sufficient surety for the sum of
the remaining balance with the interest thereof within twelve
months from the rising of this Assembly : said security to bo
lodged by the first of January next; which security said
Treasurer is hereby directed to receive, and thereupon to dis-
charge the memorialist from said tax.
Whereas promoting and encouraging literature and useful
arts in the collegiate school in this Colony is of the greatest
publick importance, and for that end tis become necessary to
establish such durable supports as shall best answer the great
purposes of founding said school, and to grant them such
powers as shall best answer the ends designed : Therefore,
Colo. Jabez Hamblin, Mr. James Hillhouse, Maj'' Samuel
Holden Parsons, Ebenezer Silliman, Esq^, Colo. Jabez Fitch
and Colo. John Williams are appointed to join with such
gentlemen as the Upper House shall appoint, to take into con-
sideration the state of education and learning in said school,
the government, laws and constitution of the same, to look
into the several donations at any time made for the support
of said school, the revenues arising therefrom, and the state
in which they now are, and to consider and devise the most
effectual measures to render the institution most extensively
useful and the support thereof permanent and lasting, and to
confer with the president and fellows of said college con-
cerning the same, and to make report to this or some future
Assembly.
Pass'd in the Lower House, test. Wm. Williams, Clerk.
In the Upper House: Concurred, and the Hon^'« Mathew
Griswold, Esq'', Roger Sherman and Abraham Davenport,
Esqfs, are desired and appointed to join the gentlemen
appointed by the Lower House in the affair above men-
tioned.
Test. George Wyllys, Secret'y-
[171] Upon the memorial of the inhabitants of the town of
Colchester, shewing to this Assembly that the Colony Treasurer
has been ordered to issue out an execution against the inhab-
itants of said town for the sum of ^414 19s. ^hd. lawful
money, being for the balance due to said Treasurer from the
inhabitants of said town of the publick tax of the year 1761,
with the interest thereof from the first day of September
A. D. 1767 ; praying that they might be excused from the
payment of said interest, and that said Treasurer might be
directed to omit said interest and not send out execution for
the same ; which memorial being granted : It is thereupon
resolved by this Assembly, that the memorialists be excused
1772,] OP CONNECTICUT. 87
from the payment of said interest, and that said Treasurer
be and he hereby is ordered and directed to omit and leave
the same out of said execution and not to send any execution
for said interest as aforesaid.
[171 Upon the memorial of Samuel Talcott, Esq'', pre-
ferred to this Assembly in May last, shewing to this Assem-
bly that the memorialist in October, 1749, borrowed of this
Colony four hundred pounds sterling of the monies granted
to this Colony to reimburse the expence incurred by this gov-
ernment in the expedition against Cape Breton in the year
1745, and received a bill of exchange for said sum drawn by
the Governor of this Colony on the agent in London, and '
gave his security for said sum to the Governor and Company
upon interest from the date of said bond ; that he applied for
the payment of said bill but was delayed the payment
thereof until some time in June following, by means tliat
said monies due to the Colony as aforesaid were not paid
into the hands of said agent ; and praying an allowance to
be made him for said delay, and that the same might be
credited on his said bond to said Colony ; Major Ei-astus
Wolcott and Capt. Jonathan Wells were appointed a com-
mittee to enquire into the matters alledged and set forth in
said memorial and to make report &c. ; and said committee
having now reported that the payment of said £400 was
delayed beyond the usual time observed by merchants three
months and twenty days, that the interest arising thereon
during said time amounts to the sum of £7 6 8, sterling,
and that said sum ought to have been credited on the memo-
rialist's bond on the fourth day of June, 1750 ; which said
report being by this Assembly accepted : It is therefore
resolved by this Assembly, that the said Samuel Talcott,
Esq"", be allowed the sum of seven pounds six shillings and
eight pence sterling to be credited on his said bond on the
fourth day of June, 1750 ; and the Treasurer of this Colony
is hereby ordered and directed to allow the same on the
memorialist's said bond accordingly.
Upon the memorial of Ebenezer Martin, of Ashford in
Windham county, clerk, representing that through mis-
fortunes he is unable to pay his just debts, praying for a
committee &c., which memorial comes to this Assembly by
continuance from the Assembly held in May last, in order
to give said Martin opportunity, to cite in his creditors ; and
the said Martin having cited his creditors to appeal- if they
see cause before this Assembly and shew reason why tlie
prayer of said memorial should not be granted, and none of
38 PUBLIC RECORDS. [October,
said creditors appearing to object : Eesolved by this Assem-
bly, that Messrs. Edmund Freeman, Constant Southworth
and Elijah Fenton be a committee to enquire into the mat-
ters of said petition and their report to make of what they
shall find with their opinion thereon to this or the next Gen-
eral Assembly ; and that the memorialist be and he is
hereby exempted in person and estate from all and every
arrest, attachment and imprisonment by any of his said
creditors, until the rising of the General Assembly to be
held in May next.
Upon the memorial of the inhabitants of that part of the
•first society of East Windsor called Wapping, shewing to
this Assembly by their agent Thomas Sad, that they live at
a medium about four miles and an half from the meeting-
house in said first society, and that in October, 1761, they
had liberty to have preaching amongst them five months in
each year ; praying for liberty to have preaching amongst
them eight months in each year, and to be exempted from
paying taxes for the support of the ministry &g. in said first
society &c., as per memorial on file : Resolved by this
Assembly, that the memorialists have liberty, and liberty is
hereby granted to the memorialists, to procure and have
preaching amongst them for eight months in each year ;
and they are hereby impowered to tax themselves to raise
money to pay for preaching said term, as other ecclesiastical
societies by law are enabled to do ; and the memorialists are
hereby exempted from paying taxes to said first society for
building of meeting-houses or supporting of the ministry.
[172] And the memorialists are prohibited to || vote in any
society meeting in said first society in any matters relating
to the meeting-house or ministry. Provided the memorial-
ists do procure and maintain preaching among them the
term aforesaid annually, according to the true intent of this
act.
Upon the memorial of Elisha Seymour of Hartford, shew-
ing that he had a bill of abatement of sundry rates amount-
ing to the sum of X15 7 5, and that the same was lost in the
hands of the Auditors ; that a committee was appointed in
May last and have not yet been able to make report thereon
&c. : Resolved by this Assembly, that John Pitkin, Benja-
min Payne, Esq''*, and Capt. Russel Woodbridge be and they
are hereby i^eappointed a committee to examine and make
report of the matters alledged to the General Assembly in
May next, to which time the said memorial is hereby also
continued.
1772.] ' OF CONNECTICUT. 39
Upon the memorial of Sylvanus Griswold of Windsor,
shewing that he assisted in apprehending and bringing to
justice one Abram Curtiss for counterfeiting coins &c. ;
praying for some reward therefor &g., as per memorial &g. :
Resolved by this Assembly, that he shall receive out of the
publick treasury of this Colony the sum of thirty-three
shillings and four pence, lawful money, as a reward for his
said service ; and the Treasurer of this Colony is hereby
ordered and directed to pay the same to him accordingly.
Upon the memorial of Mathew Mallet and others, inhabi-
tants of the northwesterly part of the township of Stratford,
representing that the memorialists belong to three different
military companies, and are at a great distance from their
respective places of parade, and that they live in one com-
pact body and are sufficient in number to be formed into a
distinct captain's military company by themselves within
the limits hereafter mentioned, viz : beginning at the south-
easterly corner bounds of the township of Redding and run-
ning from thence to the southerly end of Long Meadow, so
called, and from thence to run with the brook that runs out
of said meadow to Rimmon saw-mill, so called, and from
thence to run to and include the dwelling-house of John
Mallet jun"", and from thence a straight line to the mouth of
Jacobs Brook, so called, where it empties into Pequanock
River, and from thence northerly with the eastermost branch
of said river until it crosses the publick road from North
Stratford to Newtown, and from thence with said road
until it comes to the line dividing between said Stratford
and Newtown, including all the inhabitants living on said
road, and from thence westerly in said towns line to the
northwest corner of Stratford, and from thence southeast-
erly to Redding southeast corner ; praying that all the
inhabitants living within said lines and limits may be
formed into a distinct military company by themselves &c.,
as per memorial on file : Resolved by this Assembly, that
there shall be a military company formed within the lines
and limits aforesaid, and the inhabitants living within said
line and limits are hereby erected, formed and established
into a distinct military company by themselves, with all the
powers and privileges that by law belong to the other mili-
tary companies in this (!!olony ; and the colonel of the fourth
regiment of militia is hereby ordered and directed to cause
said new erected company to be warned to meet at such
time and place as he shall appoint, and them lead to the
choice of a captain, lieutenant and ensign of said company,
40 PUBLIC RECORDS [October,
and make return of his doings therein to this or the next
General Assembly.
Upon the memorial of Samuel Gifford of Norwich, executor
to the last will and testament of Stephen Gifford late of said
Norwich deceas'd, shewing to this Assembly that the debts
due from the estate of said deceas'd surmount the personal
estate of said deceas'd the sum of <£245 8 11, lawful money,
and no provision is made in and by the will of said deceas'd
for the payment thereof out of the real estate of said deceas'd ;
praying that some meet person might be authorized and
impowered to make sale of so much of the real estate of said
deceas'd as should be sufficient to pay the aforesaid sum with
incident charges &c., as per memorial on file : Resolved by
this Assembly, that the said Samuel Gifford, the memorialist,
have liberty, and full power and authority is hereby granted
unto him, to make sale of so much of the real estate of
said deceas'd as shall be sufficient to raise said sum of
.£245 8 11 with incident charges arising on such sale ; taking
the directions of the court of probate for the district of
Norwich therein.
[173] Upon the memorial of Ralph Keeler, of New Milford
in Litchfield county, praying for liberty to keep a ferry at the
place called Keeler's Ferry over Housatonuck River &c., as
by the memorial on file: Resolved by this Assembly, that
the memorialist have liberty, and it is hereby granted to him,
to keep a ferry at said place, he finding necessary roads
to said ferry-place through his own land; and the fare for
ferriage shall be three pence half-penny for man and horse,
two pence for a footman, one penny half-penny for every
single horse or neat kine, and one half-penny for every swine
or sheep.
Upon the memorial of Caleb Hall, Esq'', of Wallingford in
the county of New Raven, shewing to this Assembly that one
Enoch Paddock of Norwalk brought his action by writ of
attachment against Elijah Negus of Branford to Fairfield
county court Jan. 1754, demanding £'d 0, and that the
memorialist as sheriff's deputy served said writ on said Negus
and took bail for his appearance, and in January, 1756, said
Paddock recovered judgment against said Negus on default
for £3 0, debt, and <£4 4 2, cost, both lawful money, on
which judgment execution issued and the same returned
non est inventus in due form, and that said Paddock brought
his action against Samuel Mansfield, Esq"", then sheriff of
New Haven County, on account of said memorialist not
securing the body of said Negns so that execution might be
1772.] OP CONNECTICUT. 41
levied on him, and that the memorialist thereupon paid said
Paddock's attorney the sums of said judgment, and that the
memorialist in order to repay himself procured an alias
execution, dated July 2d, 1757, and caused the same to
he levied on a piece of land belonging to said Negus in
Farmington as described in said memorial; praying that he
may have a good title in said land and be quieted in the
same, as per memorial on file, dated October 9th, 1771 ; on
whicli memorial Samuel Bishop jun% Esq% and Messrs.
Stephen Ball and Oliver Stanly were appointed a committee
to enquire into the matters of said memorial and report
make &c., who accordingly made their report to this Assem-
bly, finding the facts as stated in said memorial, as per
report on file, dated October 7th, 1772, which report is
accepted: And it is thereupon resolved by this Assembly,
that the memorialist have good title to said land, which
is bounded as follows, west on highway, north on the right
of Thomas Newell, south on said Negus' land, beginning
at the northwest corner and runs south sixteen rods, and
then east, to include fourteen acres and sixty-four rods,
and that said memorialist be quieted in the possession of
said land in as full and ample a manner as if said execution
had been levied in his own name, and that this decree
be sufficient evidence of his title.
On the memorial of Benajah Douglass, administrator on
the estate of Benajah Douglas late of Canaan deceas'd,
shewing to this Assembly that the debts due from the
estate of said deceas'd as allowed by tlie court of probate
in and for the district of Sharon surmount the personal
estate of said deceas'd the sum of £511 5 6, lawful money;
praying for liberty to sell real estate &c., as per memorial on
file: Resolved by this Assembly, that the memorialist be
and he is hereby impowered to make sale of so much of
the real estate of said deceas'd as will raise the sum of
X577 5 6, lawful money, with the incident charges arising
on said sale ; taking the direction of the court of probate
for the district of Sharon therein.
Upon the memorial of Jonatlian Humphry of Symsbury,
representing to tliis Assembly that he was possessed of
benefit tickets in the government lottery amounting to
£4 10 0, after deductions, which he delivered to Mr. Richard
Edwards, one of the managers, and has had no allowance
therefor in his account with said Edwards, nor has said
Edwards' account with the Colony been credited therefor;
as per memorial on file : Resolved by this Assembly, that
6
42 PUBLIC RECORDS [Octobcr,
said Edwards' account with the Colony be credited the said
sum of £4 10 0, and thereupon the memorialist shall be
allowed said sum in settlement with said Edwards' executors.
On the memorial of William Williams of Lebanon, repre-
senting that one Jonathan Avery of Norwich was on
information and in due course of law convened before him
as a justice of peace for Windham county, on the 11th
[174] of July last, to be || examined touching his, said
Avery's, knowingly uttering and putting off base and
counterfeit coin: but before said examination could be got
through said Avery escaped and fled and cannot be found
or taken since, and that the necessary cost arisen in
prosecuting him, said Avery, amounted to the sum of
£2 18 4, lawful money; praying to have the same allowed
and paid out of the Colony treasury: Resolved by this
Assembly, that the Treasurer of this Colony pay unto the
said William Williams, Esq'", the sum of <£2 18 4, to be
by him improved to pay the costs necessarily incurred in
the premises.
Upon the memorial of the selectmen of the town of
New Haven, representing to said Assembly that Dan
Mansfield had been taken under their care for idleness,
mismanagement and bad husbandry, according to the statute
in that case provided, and also that the whole of said Dan's
moveable estate, over and above the necessaries for his
and family's support and his necessary tools, amounts only
to <£14 10s. Od., which is surmounted by his debts already
brought in the sum of £110 Is. StZ., the amount of the debts
aforesaid being £124 11 3; praying that some meet person
might be enabled to sell as much of said Dan's real estate
as may be sufficient for the raising said sum of £110 1 3,
lawful money, with the necessary charges attending the
same, per memorial on file, dated lOtli of October, 1772:
Resolved by said Assembly, that Mr. Stephen Ball and
Joshua Chandler, Esq% both of said New Haven, be and
they are hereby appointed and impowered, to make sale
of as much of said Dan's real estate as may be sufficient
to raise said sum of £110 1 3, and charges thereof, in such
manner as may least prejudice the residue of said Dan's
estate, and to give a deed or deeds thereof which shall
be good and authentick in law.
Upon the memorial of Zecheriah Marvin of Lyme, pre-
ferred to this Assembly in ]\Iay last, shewing that he owns
the lands adjoining to a brook leading to a pond in said
Lyme, called Black Hall Pond ; that about twenty years past
1772.] OP CONNECTICUT. 43
he began a fishery in said brook and used tlie same for many
years unmolested ; that since that time many persons by
seines, weirs &c. have obstructed the passage of fish up said
creek ; praying for relief &c, ; on which a committee were
appointed and have reported, which report is accepted, as on
file: And thereupon it is resolved and ordered by this
Assembly, that the memorialist have liberty to carry on the
fishery in said brook on his own land from Monday morning
until sun-rising on Friday morning every week, and that
John Robbins have liberty to fish on his own land from
Wednesday morning until Thursday morning each week, and
that Mathew Marvin have liberty to fish on his own land
from Thursday morning until sun-rising on Friday morning
every week, and that no other persons shall carry on the
fishery in said brook nor erect, make or set up any obstruc-
tions in said brook to the natural course of the fish in and up
the same other than in manner aforesaid.
Upon the memorial of Thomas Bidwell, Benjamin Mills,
Philander Wilcox, William Pain, George Merrill and Jona-
than Merrels 2d, inhabitants on the east tier of lots in New
Hartford lying east of the river, shewing that in May, 1762,
the inhabitants on said tier of lots were annexed to the west
ecclesiastical society in Symsbury, and that by meer mistake
the bill in form annexed them to said society for all society
purposes ; praying that they may be again set back to said
New Hartford for all school purposes &c., as per memorial
on file : Resolved by this Assembly, that the memorialists,
and all those who shall become inhabitants on said lands
annexed to the west society of Symsbury as aforesaid, shall
be and they are hereby annexed to the first ecclesiastical
society in said New Hartford and become intituled to all the
priviledges and subject to all the duties therein, so far as
regards keeping up and maintaining schools therein.
Upon the memorial of Elisha Chapman, administrator on
the estate of Richard Lord late of Sayljrook deceas'd, shewing
that the debts due from said estate amount to ^28 1 1, and
that he left no personal estate ; praying liberty to sell lands
<fec., as per memorial on file: Resolved by this Assembly,
[175] that the || memorialist have liberty and he is im-
powered, to sell so much of the real estate of said deceas'd
as will raise said sum of £28 1 1 and incident charges of
sale ; taking the direction of the court of probate for the
district of Guilford therein.
Upon the memorial of Ebenezer Ledyard, Esq"", and
William Ledyard, executors of the last will of John Ledyard,
44 PUBLIC RECORDS [October,
Esq'', deceas'd, shewing that the said John Ledjard under-
took and went a journey to New York to purchase bills of
exchange for the use of this Colony, and exchanged the bills
of this Colony and obtained the same and forwarded said bills
of exchange to England, for which, and trouble, expences and
risque therein he has never been allowed ; praying for relief
&c., as per memorial &g. : Resolved by this Assembly, that
Erastus Wolcott and James Wadsworth, Esq''", are and they
are hereby appointed a committee to hear, adjust said account
referred to in said memorial, and inquire of everything
relating thereto, and report the same with their opinion
thereon to the General Assembly to be holden at Hartford in
May next.
Upon the memorial of Benjamin Payne, administrator on
the estate of Dositheus I-Iumphry late of Hartford deceas'd,
shewing to this Assembly that said Humphry was collector
of the Colony tax in said town of Hartford in the year 1756
and 1759, on whose rate-bill there appear to be due sundry
rates; that the original warrants issued by the Treasurer to
said deceas'd collector are lost or worn to pieces, by means
whereof the memorialist hath no power or authority to
enforce the collection of said uncollected rates, and praying
for relief &c., as per memorial &c. : Resolved by this Assem-
bly, that the Treasurer of this Colony be directed, and he is
hereby ordered and directed, to issue his warrant or warrants
authorizing and impowering the memorialist to collect all
such uncollected rates which are due on the rate-bills of said
deceas'd collector, as fully and amply as collectors of Colony
taxes in this Colony by law are.
Upon the memorial of Robert Jemison, setting forth that
he is now confined in Windham county goal at the suit of
the Colony of Connecticut ; praying this Assembly to appoint
a committee to repair to him at said goal and take his mat-
ters into consideration and settle the same in an equitable
way, and he is freed from his said imprisonment, as per
memorial on file : Resolved by this Assembly, that Shubael
Conant, William Williams and Samuel Gray, Esq''% be ap-
pointed a committee to enquire into the whole matters
prayed for in said memorial, and to make their report
thereof with their opinion thereon to the General Assembly
to be holden at Hartford in May next.
Upon the memorial of Seth Wetmore, Esq% of Midletown,
administrator of the goods and estate of Stephen Blake late
of said Midletown deceas'd, shewing to this Assembly that
said Stephen was collector of the country rate for said Midle-
1772.] OP CONNECTICUT. 45
town of six-pence on the pound granted by tlie General
Assembly on the list of 1762, with the additions in May, 1763,
and that said Blake lost the Treasurer's warrant enabling
him to collect said tax, and praying that a warrant may
issue to enable him to finish the collection of said tax, as per
memorial on file : Resolved by this Assembly, that the Treas-
urer of this Colony may and shall issue his warrant to said
Wetmore in due form of law, requiring and enabling him to
go on and compleat the collection of said tax.
Upon the memorial of Bryant Pamely, administrator on
the estate of Nathaniel Doan late of Chatham deceas'd, shew-
ing til at said deceas'd gave his note to the Treasurer of this
Colony for the duties of 33 hogsheads rhum, being X12 7 6,
dated 7th of May, 1765, and that afterwards said Doan sent
23 hogsheads of said rhum out of the Colony and obtained a
certificate for that purpose, but by some means was lost &c.,
as per memorial on file &c. : Resolved, that upon said
administrator's paying to the Colony Treasurer the sum of
X3 15 0, L. money, said administrator shall be discharged of
and from said note and everything due thereon.
.[176] On the memorial of David Warner and Moses Cook,
administrators on the estate of Moses Cook late of Waterbury
deceas'd, shewing to this Assembly that the debts and
charges arising on said estate, with some allowance made to
the widow, surmount the moveable part of said estate the sum
of X64 12 6; praying for liberty to sell so much of the real
estate of the said deceas'd as will raise the sum aforesaid with
incident charges arising thereon : Resolved by this Assem-
bly, that the memorialists have liberty and they are hereby
impowered, to sell so much of the real estate of the said
deceas'd as will raise the said sum of £64 12 6 with incident
charges arising thereon ; taking the direction of the court of
probate for the district of Woodbury therein.
Upon the memorial of Reuben Warner and David Warner,
executors of the last will and testament of Doct. Benjamin
Warner late of Waterbury deceas'd, shewing to this Assembly
that the debts and charges ai'ising on the estate of said
deceas'd, with some small allowance made to the widow for
things necessary to keep house, surmount the moveable part
of said estate the sum of <£6:-^ 14 9; praying for liberty to
sell so much of the real estate of the said deceas'd as will
raise the said sum of £63 14 9 with incident charges arising
thereon: Resolved by this Assembly, that the memorialists
have liberty, and liberty and authority is hereby granted unto
them, to sell so much of the real estate of the said deceas'd
46 PUBLIC RECORDS [October,
as shall raise the said sum of £63 14 9 with incident charges
arising thereon ; taking the directions of the court of probate
for the district of Woodbury therein.
Upon the memorial of Daniel Douglass, administrator on the
estate of Thomas Bushnel late of Saybrook deceas'd, shewing
to this Assembly that the debts due from said estate surmount
the personal estate of said deceas'd and former allowance for
sale of lands £7 14 11; prayintr liberty to sell lands &c., as
per memorial on file: Resolved by this Assembly, tliat the
memorialist be and he is hereby impowered to sell so much
of the real estate of said deceas'd as will be sufficient to
raise said sum of ,£7 14 11 with incident charges of sale;
taking the direction of the court of probate for the district of
Guilford therein.
On the memorial of Joshua Holcomb of Symsbury, conser-
vator of the person and estate of Silas [s^'c] Griffen, an im-
potent person of said Symsbury, shewing that the debts
exhibited by the said conservator against the said Silence [siiV?]
to the county court holden in Hartford on the first Tuesday of
June, 1772, and allowed by said court amounts to the sum of
£4: 4 Oi, lawful money; praying for liberty to make sale of
so much of the real estate of -the said Silence as to raise said
sum with incident charges arising on such sale: Resolved
by this Assembly, that Brewster Higley of said Symsbury
have liberty, and liberty and authority is hereby given to him,
to make sale of so much of the real estate of the said Silence
as to raise said sum of <£4 4 O2, lawful money, with incident
charges arising on such sale, and to render account to said
county court of his doings thereon.
Upon the memorial of Thomas Adams, administrator on
the estate of John Lambert of Canterbury deceas'd, shewing
to this Assembly that the debts due from said estate amounts
to the sum of £19 10 9, lawful money, and that the personal
estate of said deceas'd amounts to no more than the sum of
£23 18 8, L. money, so that the debts &c of said deceas'd's
estate surmounts the said personal estate the sum of £55 12
1, L. money; praying for liberty to sell so much of said real
estate as to pay said sum of £55 12 1, lawful money: Res-
olved by this Assembly, that the said memorialist have lib-
erty, and liberty is hereby granted, and that said memorial-
ist is hereby impowered, to sell so much of the said deceas'd's
estate as to pay said sum of £55 12 1, L. money, with the
necessary charges arising thereon; taking the directions of
the court of probate for the district of Plainfield therein.
[177] Upon the memorial of Timothy Cleveland junf of
1772.] OP CONNECTICUT. 47
Canterbury, conservator to and for Capt. Timothy Cleveland
of said Canterbury, shewing to this Assembly that the said
Timothy Cleaveland the elder is an impotent person and has
been for a number of years past unable to take care of his
estate, and that said estate consists altogether of real estate,
and that the adjourned county court holden at Windham on
the third Tuesday of Feb'y last appointed auditors to adjust
and settle said conservator's accounts and to make their
return to the county court holden at Windham on the fourtli
Tuesday of June last, and that the said auditors adjusted
said accounts and made their report to the said June court,
and that .they found the said estate owed the said conserva-
tor the sum of £21 19 6, L. money, and that said report was
by said court accepted ; praying to have some meet person
appointed and impowered to sell so much of said real estate
as to pay said sum : Resolved by this Assembly, that Mr.
David Payne of said Canterbury be appointed, and he is
hereby appointed and impowered, to sell so much of said real
estate as to pay said sum, and make return of his doings &c.
Upon the memorial of Gideon Hecox and others, inhabitants
within the limits of the first society in Waterbury and the socie-
ties of Bethany, Derby, Oxford and New Cheshire, repj-esenting
that they labour under difficulties with respect to their attend-
ance on the public]?: worship in the societies to which they i)e-
long; praying to be made and constituted an ecclesiastical
society within certain limits in their memorial mentioned: Re-
solved by this Assembly, that Colo. Bushnel Bostwick, Thomas
Darling and James Wadsworth,Esq'% be and they are hereliy
appointed a committee with full power to repair to said place
descj'ibed in said memorial and to enquire fully of the con-
veniency and necessity of granting the privileges of a society
to the memorialists, and generally of every matter which
may relate to the expediency of granting such privileges, and
to report what they find with their opinion thereon.
Upon the memorial of Oliver Hanchet of Nuffield, praying
to be allowed ten pounds out of the Colony treasury for
detecting one William Hurlburt of counterfeiting Jersy bills,
and eight pounds six shillings and eight pence as his propor-
tion of ten pounds for detecting one Abraham Curtiss in
counterfeiting Jersey bills, and causing said Hurlburt and
Curtiss to be bound over to the superior court in a hundred
pound bond each, which bonds are both forfeited &c., as per
memorial on file, on which memorial a commiitec was ap-
pointed, who report that the memorialist ought to receive the
sum of eighteen pounds six shillings and eight pence as a
48 PUBLIC RECORDS [October,
premium aforesaid, which report is accepted : Whereupon it
is resolved and ordered by this Assembly, that the Treasurer
of this Colony pay unto said Oliver Hanchet the sum of
eighteen pounds six shillings and eight pence, money, as a
premium for detecting the aforesaid persons.
Upon the memorial of John Eliott of Guilford, executor of
the last will and testament of Ebenezer Stone late of said
Guilford deceas'd, shewing to this Assembly that the debts
and charges due from the estate of said deceas'd, and allowed
by the court of probate in and for the district of Guilford,
surmounts the personal estate of said deceas'd the sum of
X21 6 10, and that the deceas'd made no provision in his
last will for the payment of his de])ts ; praying liberty to sell
real estate &c., as per memorial on file : Resolved by this
Assembly, that the memorialist lie and he is hereby impow-
ered, to make sale of so much of the real estate of said
deceas'd as will raise the sum of £21 6 10, lawful money,
with the incident charges arising on said sale ; taking the
direction of the court of probate for the district of Guilford
therein.
Upon the memorial of Daniel Morwehaw, Indian, and
others, natives of Scatacook in Kent, representing their
desire of an overseer or guardian to secure to them in their
proper rights and to assist them in prudently conducting
their affairs : This Assembly do appoint Reuben Swift for
the purpose aforesaid, in the room of Mr. Elisha Swift re-
signed, and that he be accountable to the Assembly for his
doings herein when required.
[178] Whereas it is represented to this Assembly by
sundry of the Indians living at Mohegan and confirmed by
other testimonies, that the late sachem Ben Uncas died about
thirty pounds in debt, and the said Indians have signified
their desire that the debts of the deceas'd may be paid out of
the rents of the Mohegan lands by the overseers of the Molie-
gan Tribe: Resolved by this Assembly, tliat the said over-
seers be and they are hereby allowed and directed, to pay the
just debts of the deceas'd out of the rents arising on the
lands aforesaid, leased to sundry of the English holding and
improving the same for the benefit of said tribe.
On the memorial of Jeremiah Sherwood and Joseph Row-
land, both of Fairfield, executors of the last will and testa-
ment of Joseph Rowland late of said Fairfield, deceas'd,
shewing that the debts due from the estate of the deceased
Joseph Rowland surmount his inventoried moveable estate
the sum of £164 10 8, lawful mone^, and the deceased made
1772. J OP CONNECTICUT. 49
no other provision for the payment of his debts than what
his moveable estate would effect ; praying for liberty to sell
land &.G., as per memorial on file: Resolved by this Assem-
bly, that the memorialists be and hereby are fully authorized
and impowered, to sell so much of the lands or real estate of
the deceased Joseph Rowland as shall be sufficient to raise
and pay the sum of £154 10 8 with the incident charges
arising on such sale ; taking the direction of the court of
probate for the district of Fairfield therein.
Upon the memorial of Joseph and Eleazer Fitch, shewing
to this Assembly that they are under obligations to pay to
the Colony a considerable sum of money, which at present
they are not able to command ; praying this Assembly to
allow them a farther time to discharge said debt, and also to
permit them to pay the whole or part thereof by putting over
into the hands of the Treasurer of the Colony such other per-
sonal securities as shall be deemed good and responsible &q. :
Resolved by this Assembly, that said Joseph and Eleazer
Fitch be allowed a further time of one year from the rising
of this Assembly to discharge the debt due from them to this
Colony, and that they be permitted to pay the whole or such
part thereof as they are able within said time by putting
over into the hands of the Treasurer of this Colony such per-
sonal securities as Eliphalet Dyer and Samuel Huntington of
Norwich, Esq'^ shall approve to be good and responsible :
said securities to be made payable to the Treasurer of this
Colony or his successor in said office, on interest, and to be-
come due within one year from the rising of this Assembly.
Upon the memorial of Jesse Leavenworth, of the town and
county of New Haven, representing to this Assembly the
necessity and propriety of a stated ferry at the Ferry Point,
so called, in said New Haven, and praying for the privilege
of a ferry from said Ferry Point to East Haven shore, under
such regulations &c. as this Assembly shall think proper :
This Assembly do grant to him, said Jesse Leavenworth, the
privilege of a ferry at the place aforesaid. And it is hereby
enacted, that the fare of said ferry be in all respects con-
formable to that of Saybrook Ferry, during the pleasure of
this Assembly.
Upon the memorial of Joseph Rogers of Branford, admin-
istrator upon the estate of Enos Pardie late of Branford,
deceas'd, representing that the debts and charges due from
the estate of said deceas'd surmount the moveable part of
said estate the sum of £2Q 18 6 ; praying for liberty to sell
so much of the real estate of said deceas'd as shall be suffi-
50 PUBLIC KECORDS [October,
cient to pay said sum together with the incident charge, as
per memorial on file appears : Resolved by this Assembly,
that the memorialist have liberty, and liberty and authority
is hereby granted unto him, to sell so much of the real estate
of said deceas'd as shall be sufficient to pay said sum of <£26
18 6, lawful money, with the incident charge of such sale ;
taking the direction of the court of probate for the district of
New Haven therein.
[179] Upon the memorial of Rachel Smith of New Haven,
administratrix upon the estate of David Smith late of New
Haven, deceas'd, representing that the debts and charges due
from the estate of said deceased surmount the moveable part
of said estate the sum of <£25 3 7 ; praying for liberty to sell
so much of the real estate of said deceas'd as shall be suffi-
cient to pay said sum &c., as per memorial on file appears:
Resolved by this Assembly, that the memorialist have liberty,
and liberty and authority is hereby granted unto her, to sell
so much of the real estate of said deceased as shall be suffi-
cient to pay said sum of £25 3 7, lawful money, together
with the incident charges thereof; taking the direction of
the court of probate for the district of New Haven therein.
On the memorial of Daniel Crowfoot, Daniel Beardsly and
James Curtiss, administrators on the estate of Daniel Crow-
foot late of Reading, deceas'd, shewing that the debts and
charges &c. due from said deceas'd's estate surmount his
moveable estate the sum of =£56 15 0, L. money ; praying for
liberty to sell lands, as per memorial on file : Resolved by
this Assembly, that the memorialists be, and they are hereby
fully authorized and impowered, to sell so much of the real
estate of the deceas'd Daniel Crowfoot as shall be sufficient
to raise and pay said sum of £56 15 0, lawful money, with
the incident charges arising on such sale ; taking the direc-
tion of the court of probate in the district of Fairfield therein.
On the memorial of Nathaniel Badcock and Sarah Badcock,
administrators on the estate of Nathaniel Badcock late of
Voluntown, deceas'd, shewing to this Assembly that the
debts and costs and allowances due from the estate of said
deceas'd and allowed by the court of probate in and for the
district of Plainfield surmount the personal estate of said
deceas'd the sum of X109 3 3 ; praying for liberty to sell
real estate &c., as per memorial on file : Resolved by this
Assembly, that the memorialists be and they are hereby
impowered, to make sale of so much of the real estate of
said deceas'd Nathaniel Badcock as will raise said sum of
£109 3 3, lawful money, with the incident charges arising on
1772.] OP CONNECTICUT. 51
said sale ; takin,^ the direction of the court of prohate in the
district of Plainfield therein.
Upon the memorial of James Bill and others, inhabitants
of the society of G-oshen in the town of Lebanon, praying to
be made a distinct ecclesiastical society &c., Eliphalet Dyer,
Jabez Huntington and Benjamin Hall, Esq''% are appointed a
committee, to repair to said society and take into considera-
tion the state and circumstances thereof, their controversies
and unhappy disputes and animosities among them, and
if possible effect a coalition between the contending parties
with respect to a place for a meeting-house ; and if that
cannot be effected, to take into consideration the conveniency
and propriety of a division of said society, whether all
matters considered it is best on the whole there should _be
a division of said society into two distinct ecclesiastical
societies, and in what place the line of division ought to
be fixed ; and their report on the matters aforesaid make
to the General Assembly to be holden at Hartford in May
next.
Upon the memorial of Samuel Williams, Jonathan Lyman
and others, inhabitants in the southeast part of the first
society in Lebanon in Windham county, complaining of
certain votes lately passed in said society in their society
meetings, also representing at large the difficulties lately
arisen and subsisting therein, and praying for the interposi-
tion of this Assembly to grant and enact certain privileges
to and regulations for said memorialists and the rest of said
society, as per said memorial at large : This Assembly do ap-
point Ebenezer Silliman, Jabez Hamlin and Oliver Wolcott,
Esq''% a committee to repair to said first society, and by their
assistance in advice and council, having heard the parties at
large, to endeavour to reconcile them to compromise their
difficulties and unite them in peace and harmony. And in
case they shall not be able to accomplish so desirable a
purpose, to enquire diligently into all the circumstances
relative to said controversy and difficulties, and make report
of all such matters as may appear material for a determina-
tion on said memorial to this AssembJy in May next, with
their opinion thereon, at the cose of said society.
[180] Upon the memorial of Jacob Eliott of Lebanon,
shewing to this Assembly that in the year 1761 he married
Martha Blackleach of Stratford, who was then indebted
to Elisha Mills of Stratford in the sum of X 28 0, which
with the growing interest thereon is now due ; that said
Martha in her life time designed to have disposed of a tract
62 PUBLIC RECORDS [October,
of wood-land in Stratford for the satisfaction of said debt ;
praying liberty to sell said wood-lot &c., as per memorial on
file : Resolved by this Assembly, that the memorialist be
and he is hereby impowered, to make sale and convey the
said wood-lot in Stratford, containing about sixty acres,
of which said Martha died seized, and out of the avails
thereof to pay and satisfy said debt, and the residue of
the said purchase monies to let out on interest for the benefit
of the children of said Martha deceas'd ; under the direction
and by order of the court of probate for the district of
Windham.
Upon the memorial of Nathaniel Sherman of the society
of Mount Carmel in the town of New Haven, shewing that he
has for many years been a minister of the gospel, that he was
regularly settled the minister of said society agreeable to the
constitution of this Colony, that after having been some years
in the ministry there some diiferences arose and the con-
sociation of the county of New Haven being called in August,
1771, advised to the dissolution of his pastoral relation to
that people, not on account of any error in doctrine or
censurable conduct of the memorialist but on account of the
disaffection of some of the people toward him which it was
feared would obstruct his usefulness in that place, and that
the memorialist is now a minister of the gospel in regular
standing, as appears by the certificate of the ministers who
composed the council, and that the memorialist determines
still to pursue the work of the ministry if God in his provi-
dence give him opportunity ; and that the listers in the town
of New Haven have warned him to give in his list of rateable
estate the present year, which he has accordingly done &c. ;
praying to have said list abated, and that his person and
estate in said New Haven may for the ftiture be exempted
from being rated in the list : Resolved by this Assembly,
that the said list of rateable estate given in by the memorial-
ist shall be abated and he be excused from being rated
thereon, and that during the pleasure of this Assembly the
person of the memorialist and all his estate in said New
Haven shall be exempted from being rated in the list of the
polls and rateable estate of said town.
Upon the memorial of Nathaniel Hammond of Bolton,
conservator of the person and estate of Elizabeth Boardman,
shewing to this Assembly that the debts and charges allowed
by the county court and paid by him surmount the personal
estate of said Elizabeth the siim of X24 6 3f ; praying for
liberty to sell so much of tl^e real estate of said Elizabeth as
1772.] OP CONNECTICUT. 53
will raise said sum &c., as per memorial on file : Resolved
by this Assembly, that Benjamin Talcott, Esq"", be and he is
hereby fully impowered, to sell so much of the real estate of
said Elizabeth as will pay said sum of <£24 5 3f and incident
charge of sale, and thereof render his account to the county
court of said Hartford county as soon as may conveniently
be after such sale.
Upon the memorial of John Bradford, administrator on
the estate of Joseph Willoughby late of New London, de-
ceas'd, shewing to this Assembly that the debts due from
said estate surmount the moveable estate of the deceas'd the
sum of X 52 3 ; praying for liberty to sell so much of the
real estate of the deceas'd as will raise that sum with inci-
dent charges, as per memorial on file : Therefore it is resolved
by this Assembly, that the memorialist have liberty, and lib-
erty and authority is hereby given to him, to sell so much of
the real estate of said deceased as will raise the sum of
<£52 3 with the charges of said sale ; taking the directions
of the court of probates for the district of New London
therein.
Upon the memorial of John Bellows of Groton, shewing to
this Assembly that he was collector of the Colony tax in the
town of Groton for the year 1763, and soon after he received
[181] the Treasurer's warrant, and before the rate became ||
due, sundry persons died, whose i-ates amounted to ,£3 9 2; that
he has never been able to collect the same, and that he has lost
the Treasurer's warrant and is thereby unable to collect the
sums remaining due on his rate- bill &c. ; praying for relief
&c., as per memorial on file : Resolved by this Assembly,
that the memorialist be and he is hereby abated the sum of
£3 9 2 out of the aforesaid rate-bill; and the Treasurer is
hereby ordered and directed to issue a new warrant to said
Bellows, to enable him to collect the sums remaining due on
his rate-bill.
Upon the memorial of David Naughty Benton, of Guil-
ford in the county of New Haven, representing that a devise
of real estate is made to him upon condition of changing his
sirname to that of Naughty: Resolved by this Assembly,
that the sirname of the memorialist shall for the future
be Naughty, which name the memorialist hath full liberty
to assume and use, and shall be known and distinguished
thereby.
Upon the memorial of Thomas Seymour, executor of the
last will and testament of Thomas Seymour, Esqr, deceas'd,
shewing that he hath paid out the sum of <£354 13 Hi, law-
54 PUBLIC RECORDS [October?
fill money, in debts &c. due and payable from the estate of
said deceas'd more than the amount of the personal estate of
said deceas'd, and that part of the real estate of said deceas'd
subjected by said will &c. ; praying for relief &c., as per me-
morial &c. : Resolved by this Assembly, that said executor
have and he hereby hath full power, liberty and authority, to
sell and dispose of so much of the residue of said real estate
of said deceas'd as will be sufficient to pay and reimburse
himself the said sum of X354 13 Hi, lawful money ; taking
the advice and direction of the court of probate therein.
Upon the memorial of the selectmen of Chatham in the
county of Hartford, representing that Timothy McLeave of
said Chatham is an idiot and has no personal estate ; praying
for liberty to make sale of his real estate : Resolved by this
Assembly, that the said selectmen be and they are hereby
authorized and impowered, to make sale of the real estate of
said Timothy McCleave and to keep and improve and apply
the avails of said real estate for the use, support and benefit
of said Timothy McClave, so far as shall be needed.
Upon the memorial of Caleb Knight of Norwich, adminis-
trator on the estate of Benjamin Knight late of said Nor-
wich, dec'd, shewing to this Assembly that the debts, charges
and allowance of necessaries to the widow, charges of
administration and for bringing up three infant children, all
allowed by the court of probate for the district of Norwich,
surmount the inventoried personal estate of said deceas'd
the sum of c£50 18 2|-, and praying for liberty and authority
to sell so much of the real estate of the said deceas'd as to raise
said sum with incident charges, as per memorial on file :
Resolved by this Assembly, that the memorialist have liberty,
and he is hereby authorized and impowered, to sell so much
of the real estate of the said deceas'd as to raise the said sum
of £50 18 2i and incident charges arising on such sale ;
taking the direction of the court of probate for the district of
Norwich therein.
Upon the memorial of Martha Kelcey, administratrix on
the estate of Jonah Kelcey late of Killingworth, deceas'd,
shewing to this Assembly that the debts due from [said] es-
tate surmount the personal estate of said deceas'd £55 11 9 ;
praying to sell lands c%c., as per rnemorial on file : Resolved
by this Assembly, that the memorialist be and she is hereby
impowered, to make sale of so much of the real estate of said
deceas'd as will raise the sum of £55 lis. 9d. and incident
charges of sale ; taking the direction of the court of probate
for the district of Guilford therein.
1772.] OP CONNECTICUT. 55
On the memorial of Joshua Badcock, administrator on the
estate of Oliver Badcock late of Volnntown deceas'd, shew-
ing to this Assembly that the debts and costs and allowances
due from the estate of said deceas'd, and allowed by the court
of probate in and for the district of Plainfield, surmount the
personal estate of said deceas'd ; praying for liberty to sell
[182] real estate &c., as per memorial on file : || Resolved
by this Assembly, that the memorialist be and he is hereby
impowered, to make sale of so much of the real estate of said
deceas'd Oliver Badcock as will raise the sum of £90 3 9,
L. money, with the incident charges arising on said sale ; tak-
ing the direction of the court of probate in the district of
Plainfield therein.
On the memorial of Samuel Stewart, executor on the last
will and testament of Robert Coats late of Stonington, dec'd,
shewing to this Assembly that the debts and costs due from
the estate of said deceas'd and allowed by the court of pro-
bate in and for the district of Stonington surmounts the per-
sonal estate of said deceas'd ; praying for liberty to sell real
estate &c., as per memorial on file : Resolved by this Assem-
bly, that the memorialist be and he is hereby impowered, to
make sale of so much of the real estate of said deceas'd
Robert Coats as will raise the sum of X32 4 11, lawful
money, with the incident charges arising on said sale ; taking
the direction of tlie court of probate for the district of Ston-
ington therein.
Upon the memorial of tlie listers of the town of Norwich
for the year 1771, shewing to this Assembly that in the
returns made to the General Assembly in May last of tlie
additions to the list of said town, they through mistake
omitted to sever the fourfold from the single additions ; that
X2151 13 6 of said sums returned were fourfolds ; praying
that their said mistake may be rectified &c., as per memorial
on file : Resolved by this Assembly, that the Treasurer be
impowered, and he is hereby impowered and directed, to issue
his warrant to the collector of the tax on said list in said
town, to collect the rates on said list with said additions and
fourfolds, in the same maimer the same would have issued if
no such mistake had been made, and when collected that the
same be paid according to the direction of the law.
On the memorial of Jonathan Wheeler, administrator on
the estate of Jonathan Wheeler late of Fairfield, deceas'd,
shewing to this Assembly that the debts and charges due
from the estate of said deceas'd surmount the inventoried
moveable estate the sum of <£91 11 2, lawful money ; praying
56 PUBLIC RECORDS [October,
for liberty to sell lands, as per memorial on file : Resolved
by this Assembly, that the memorialist be and he is hereby
fully authorized and impowered, to sell so much of the lands
or real estate of the deceas'd Jonathan Wheeler as shall be
sufficient to raise the sum of X94 14 2, lawful money, with
the incident charges arising on such sale; taking; the direc-
tion of the court of probate in the district of Fairfield therein.
Upon the memorial of Bryant Brown and Edward Adams
of Killingley, agents for the town of Killingley, shewing this
Assembly that the Treasurer of this Colony gave out his
warrant to the collector of said Killingley who was to collect
the country rate of the inhabitants of said town for the year
1770, and that said rate or tax amounted to the sum of X223
17 0, and that said collector collected of said inhabitants the
whole of said sum and paid to said Treasurer the sura of
^130 18 10c?. and no more, and that said collector neglected
to pay the remaining part of said rate, and that said collector
is altogether insolvent, and thereby is unable to pay the re-
mainder part of said rate, whereupon the said town is obliged
to pay the same, and that the said Treasurer issued out an
execution against the selectmen of said Killingley for the sum
of £101 18 2, which was in full of said remaining part of
said rate; praying to this Assembly that said Treasurer be
directed and ordered to take good and sufficient security of
said agents, or of any other persons that said town shall
appoint as agents to give said security for said sum with the
lawful interest arising thereon and the cost that has arisen
upon' said execution, provided said security be given to said
Treasurer at or before the first day of January next, and upon
said security being so given for said Treasurer to discharge the
said execution : Resolved by this Assembly, that if the said
agents or any other persons that said town shall appoint
shall give good and sufficient security to the said Treasurer
for said sum with interest &c., and to pay the same within
one year from this time, provided said security be given at
or before the first day of January next, and upon such secu-
rity's being so given said Treasurer is hereby directed and
ordered to discharge said execution.
[183] Upon the memorial of Abel j^perry and others, inhab-
itants living in the southwest parts of the parish of New Ches-
hire in Wallingford, shewing to this Assembly their great dis-
tance from the publick worship of God in said society and
badness of the road &c. ; praying for liberty to hire an ortho-
dox minister to preach amongst themselves for five months
in a year tor the space of seven years, with exemption <fec.,
1772.] OF CONNECTICUT. 67
as per memorial on file : Resolved by this Assembly, that
the memorialists have liberty hereby granted to them within
the following limits, viz : east on the west rocks, south on
New Haven bounds, west on Waterbury bounds, and north on
said parish bounds so far as any of the memorialists now dwell,
to hire an orthodox minister to preach amongst themselves
for five months in a year for the space of seven years next
coming, with exemption from ministerial charges to said
society of New Cheshire for such term of time only as they
shall hire preaching amongst themselves.
Upon the memorial of Solomon Martin and Phebe Fairchild,
administrators on the estate of- Daniel Fairchild late of Wood-
bury, deceas'd, sliewing to this Assembly that the debts and
charges arising on and which have been allowed against said
estate since liberty from this Assembly to sell land amounts
to the sum of £16 9 0, and praying for liberty to sell land &c.,
as per memorial on file : Resolved by this Assembly, that
the said Solomon Martin have liberty and he is hereby impow-
ered, to make sale of so much of the real estate of the said
deceas'd as to make said sum of X16 9 0, lawful money, with
the incident charges arising thereon ; taking the direction of
the court of probate in the district of Woodbury therein.
Upon the memorial of Josiah Ferriss of Grreenvvich, shew-
ing to this Assembly that he was collector of the Colony tax
of the town of Greenwich for the year 1758, amounting to
the sum of ,£1145 17 1, and that he on the first day of March
and fifth day of September, 1759, paid to the Treasurer of
the Colony the sum of £1137 2 8^, in which was included
the sum of XI 3 for travel to settle the provision account,
and a bill of abatement for XI 6 6, and tliat the General
Assembly have abated the sum of X8 17 2, which was the
rates of several absconding and deceased persons, and that
the aforesaid sums of XI 3 and XI 6 6 for travel and the bill
of abatement were not allowed by the Auditors ; praying this
Assembly to grant relief &c. : Resolved by this Assembly,
that the Treasurer be directed and he is hereby ordered, to
cancel his demand as Treasurer of this Colony against the
town of Greenwich risen on account of the disallowance of
the said sums of XI 3 and XI 6 6, and the cost that hath
arisen thereon.
Upon the memorial of Silvanus Seely, of Stamford in
Fairfield county, administrator on the estate of Nathaniel
Bates jun'r, late of said Stamford, deceas'd, shewing that the
debts due from said estate surmount the personal inven-
toried estate of said deceased the sum of Xll 17 1, lawful
68 PUBLIC RECORDS [October,
money, and praying to be impowered to sell real estate to
raise said snm &c., as per memorial on file : Resolved by this
Assembly, that the said memorialist be impowered and he is
hereby impowered, to sell real estate of said deceas'd to raise
said sum of £14 17 4, lawful money, with the incident
charges of sale ; taking direction of the court of probates in
the district of Stamford therein.
Upon the memorial of Gideon Granger, of Suffield in the
county of Hartford, shewing to this Assembly that he has
lately had his dwelling-house destroyed by fire, in which were
consumed large numbers of notes and executions he had of
other persons to collect, all his own notes, books of account and
other papers, whereby he conceives the whole of said notes,
books, debts and other papers &c. may be wholly lost, unless
some relief be devised &c.; praying that a committee may be
appointed with authority and power to convene before them
such person or persons as the memorialist shall request, who
were indebted to the memorialist by any way or means, or
had any dealing with him, or that were indebted on any of
the notes &c. he had in his hands to collect, and being so con-
vened to enquire and examine into the matters which shall
then be laid before them relative to any of the notes and
book-debts &c. mentioned in said memorial, by such way and
manner as this Assembly shall direct, as per memorial on
file: Resolved by this Assembly, that Messrs. Aaron Hitch-
cock, Shem Burbank and David Todd, all of Suffield in the
county of Hartford, be appointed, and they are hereby
appointed, a committee with full power and authority to con-
vene before them, at such time and place as they shall
appoint, such person or persons as the said Gideon Granger
shall request, who were indebted to him by notes, bonds, book
or otherwise, or with whom he had any dealings, and also any
[184] II person or persons that were indebted on any note or
execution &c. he had of other persons in his hands to collect,
and being so convened to proceed to enquire and examine
into the matters which may then be laid before them relating
to any of the notes, bonds, executions &c. aforesaid, by the
oaths of the parties or by any other evidences, ways or
means they shall think fit whereby truth may be had, and to
ascertain as far as may be what may be due and owing from
any person or persons to the said Gideon on notes or other-
wise, and what was due and owing on any notes &c. he had
in his hands to collect, and report thereof make to the Gen-
eral Assembly to be held at Hartford in May next, or some
future Assembly.
1772.] OF CONNECTICUT. 59
•r
Upon the memorial of Alithea Knapp and Joseph Hubby
jun% administrators on the estate of Titus Knapp, late of
Greenwich in Fairfield county, deceas'd, shewing that the
debts &c. due from said estate surmount the inventoried part
thereof the sum of X104 3 3f, lawful money; praying to be
impowered to sell real estate to raise said sum &c., as per
memorial on file: Resolved by this Assembly, that the said
Alithea Knapp and Joseph Hubby jun'' be impowered, and
they are hereby impowered, to sell real estate of said
deceas'd to raise said sum of X104 3 3|, lawful money, and
also the incident charges of such sale; taking direction of
the court of probate in the district of Stamford therein.
Upon the memorial of Elisha Judson and Zadock Hurd,
administrators on the estate of Eldad Spencer late of Wood-
bury, deceas'd, shewing to this Assembly that the debts and
charges arising on said estate and allowed surmount the
moveable part of said estate over and above what was granted
by this Assembly in May last, the sum of X 14 1 4, and pray-
ing for liberty to sell land &c., as per memorial on file:
Resolved by this Assembly, that the memorialists have lib-
erty, and they are hereby impowered, to make sale of so much
of the real estate of the said deceased as to make said sum
of X14 1 4, lawful money, with the incident charges arising
thereon ; taking the direction of the court of probate of the
district of Woodbury therein.
Upon the memorial of Oliver Atwood, executor of the
last will and testament of Daniel Perry late of Woodbury,
deceas'd, shewing to this Assembly that the debts, charges
and allowances against said estate surmount the moveable
part of said estate the sum of X5 2 9, lawful money, and
praying for liberty to sell land &c., as per memorial on file:
Resolved by this Assembly, that the said Oliver Atwood have
liberty, and he is hereby impowered, to make sale of so much
of the real estate of the said Daniel Perry, deceas'd, as to
make said sum of X5 2 9, lawful money, with the incident
charges arising on such sale; taking the direction of the
court of probate in the district of Woodbury therein.
Upon the memorial of John Harmon, of Suffield in the
county of Hartford, conservator of the person and estate of
Ann Spencer of said Suffield^ shewing to this Assembly that
the debts and charges which have arisen against the said
Ann since the memorialist's said conservatorship, amount to
the sum of £56 12 2, lawful money, as allowed by the
county court for Hartford county at their sessions in April,
1768, and at their adjourned sessions in June, 1772, and that
60
PUBLIC RECORDS
[October,
the said Ann hath no personal estate wherewith to pay the
same ; praying for liberty to the memorialist or some meet per-
son, to sell so much of the real estate of said Ann as will
raise said sum of £66 12 2, lawful money, with incident
charges, as per memorial on file : Resolved by this Assembly,
that liberty be granted, and liberty and authority is hereby
granted to the said John Harmon, to sell so much of the real
estate of the said Ann as will raise said sum of £56 12 2,
lawful money, with incident charges arising thereon, and
account thereof render to the county court for the county of
Hartford.
On the memorial of Abraham Harriss, administrator on
the estate of Phineas Rowlandson, late of Weathersfield in
the district of Hartford, deceased, for liberty to sell the real
estate of the said deceased to the amount of £22 18 9|, to
discharge the debts due from the estate of the said deceas'd
[185] with incident charges of |1 sale &c., as per memorial on
file: Resolved by this Assembly, that the memorialist have
liberty, and it is hereby granted to said memorialist, to sell
so much of the real estate of the said deceased as will raise
said sum of <£22 18 9|, lawful money, to discharge the debts
due from the estate of the said deceas'd, with incident
charges of sale ; taking the advice and direction of the court
of probate in the district of Hartford in the sale thereof.
The Sums Total of tlie Lists of the Polls and Rateable Estate of
the several Towns in this Colony for the Year 1772, as
returned to this Assembly.
£
s
d
£ s
d
Hartford,
44854 12
6
Weathersfield,
32718
Midletown,
40698
3
Windsor,
24082 7
9
East Windsor,
27604
6
Willington,
8401
6
Tolland,
13649
12
Colchester,
32974 12
8
East Hadam,
25968
17
Stafford,
10334 15
Enfield,
13073
4
Symsbury,
29749 18
Bolton,
10005
12
Chatham,
22337
Suffield,
20041
19
Glastonbury,
17433 14
9
Summers,
8781
9
Haddam,
15620 2
3
Hebron,
23000
Farmington,
63206 12
6
New Haven,
68791
11
2
Milford,
27725 2
9
Derby,
18046
9
8i
Waterbury,
35110 5
1
Wallingford,
49202
1»
8
Durham,
11514 8
9
Guilford,
35048
15
10
Branford,
23187 1
10
New London,
35708
19
9
Norwich,
65812 12
3
Preston,
24440
15
9
Stonington,
37129 15
6
Groton,
25587
15
9
Lyme,
27472 5
7
1772.]
OF CONNECTICUT.
61
Say brook,
Fairfield,
Greenwich,
Reading,
New Fairfield,
Danbury,
Windham,
Woodstock,
Canterbury,
Ashford,
Coventry,
Lebanon,
New Milford,
Cornwall,
Woodbury,
Sharon,
Kent,
Harwington,
25730
50753
28495
13280
12740
27600
31732
20200
20229
16409
20658
40780
26919
8647
57115
16401
17100
7840
11
7
14
18
3
6
6
5
14
12
10
18
7
Killingworth,
Stratford,
Norwalk,
Stamford,
Eidgfield,
Newtown,
Pom (ret,
Killingley,
Plainfield,
Yolentown,
Ma^field,
Litchfield,
Goshen,
New Hartford,
Salisbury,
Canaan,
Torrington,
19907
51450
42151
38165
18277
22628
26285
29680
14227
12718
21062
25481
12460
8295
16261
14440
5698
18
3
7
10
11
10
2
15
6
10
13
14
17
12
3i
Oi
Oi
2
6
6
Upon the memorial of Josiah Bissell, Esq"", and the rest of
the inhabitants of the town of Windsor in the county of
Hartford in the Colony aforesaid, praying for libei'ty to set
up and keep a ferry in said Windsor across Connecticut River,
a little south of the ferry called Scantick Ferry, &c., as per
memorial on file, dated the 6th day of May, A. D. 1772 : Re-
solved by this Assembly, that the said memorialists have lib-
erty, and liberty is hereby granted unto them, to set up and
keep a ferry in said Windsor a little south of the ferry called
[lc6] Scantick Ferry, to wit, on the || bank of said river at
or near the highway that leads from the dwelling-house of
Eliakim Mather in said Windsor to said river, to cross said
river with a good tight boat sufficient both for largeness,
strength and steadiness, for the safe transportation of passen-
gers, their horses, carriages and other creatures, well fur-
nished wntli suitable oars and other implements necessaiy of
that service, and men sufficient to manage the same, and to be
subject to the laws of this Colony for regulating ferrys, and
have the same fees as by the laws of this Colony are had and
received at said Scantick Ferry.
Upon the memorial of the society of Kensington in the
town of Farmington in the county of Hartford, by their
agent, shewing to this Assembly that it is best and absolutely
necessary for their mutual peace and real happiness, as well
as from their limits, situation, extent and wealth, and other
respects, that said society should be divided into two distinct
ecclesiastical societies by a north and south line, which they
62 PUBLIC RECORDS [October,
have a long time laboured to effect ; and said south society-
having now mutually agreed that the most reasonable line of
division will be in the following manner and form, to wit : Be-
ginning at the south line of the said society, at the place where
the river called Belcher's River crosses the said line, thence
extending northerly by said river until it comes to the four
rods liighway, so called, thence on the same highway until it
comes to the south side of Selah Hart, Esq% land, thence east
on the line of said Hart's land to the same river again, thence
northerly a direct course (leaving said Hart's now land on
the west, if any of it should happen to fall east of said
course) to a point on the highway ten feet east of Deacon
Ebenezer Hart's dwelling-house, from thence north to the
north line of said society ; to include however the whole of
said Deacon Hart's farm on which he now dwells in said west
society. And it is also further agreed, that one or other of
said societies so to be divided will accept and receive the Rev^
Mr. Clarke, the present pastor, for their minister as he shall
choose, and that such of said society with whom he shall in-
cline to continue shall and will in future engage to perform
and fulfil to him the contract now subsisting between him and
said society of Kensington. And it is also further agreed,
that the most convenient and suitable place for building a
meeting-house in said east proposed society is at a stake set
near a maple tree in the dividing line between the lots of
Solomon Dunham and Benjamin Galpin ; and the most con-
venient place for that purpose in said west part is a little
westward of the dwelling-house of Daniel Cole jun"", where a
stake was lately set up between two large stones in the mid-
dle of the highway. And said society by their agents, Selah
Hart, Esq', and Mr. Jedediah Norton, now moving that said
line of division and the places fixed for the building of meeting-
houses may be ratified and established, and that such of said
societies with whom the said Mr. Clark shall incline to con-
tinue may be held to fulfil to him the contract now subsisting
as aforesaid, and that each of said several societies may
be enabled to proceed in the building of a meeting-house at
the places aforesaid, as per memorial and the votes and do-
ings of said society &c. appears : Wherefore, and that peace
and harmony may be restored to them &c., it is resolved by
this Assembly, that the said society of Kensington shall be
and the same is hereby divided into two distinct ecclesiastical
societies, with full powers and privileges as other societies by
law have and do enjoy, according to the lines, bounds and
limits beforementioned and described ; and that said west
1772.] OF CONNECTICUT. 63
society shall retain and be called by the name of Kensing-
ton, and that the said east society shall be called by the name
of Worthington, and that such of said societies with whom
the said Mr. Clark shall choose or signify his willingness or
desire to continue as their minister shall for the future per-
form and fulfil to him the contract now subsisting between
him and said whole society, so long as he shall remain in the
work of the ministry among them. And it is further resolved
and ordered, that the several places fixed for the building of
meeting-houses as aforesaid shall and the same are hereby
established to be the most proper and convenient for that pur-
pose ; and each of said two societies shall have full power,
and full power and authority is hereby given to them, by their
major vote to lay taxes and raise and levy money for the
building of such house or houses at the places aforesaid as
they shall severally so vote and agree to build and erect for
divine and publick worship in said societies. And whereas the
interest of the Eev^ Mr. Clarke may be materially affected by
the division aforesaid and by his being obliged to remove from
his present situation: It is therefore further resolved, that
Colo. Jabez Hamlin, Maj'' Erastus Wolcott and Maj' Elisha
Williams be and they are hereby appointed a committee with
full powers to notify all concerned and to examine into and
consider of all circumstances relative to the said Mr. Clarke's
interest, and how far the same may be affected by the
[187] division || aforesaid, and what compensation, if any,
ought to be made him, and by whom, and generally whatever
shall appear necessary or expedient, that full and compleat
justice may be done to the said Rev^ Mr. Clark in the pre-
mises, and report their opinion thereon to this Assembly in
May next, unless some previous agreement shall be come into
concerning the matters aforesaid.
Whereas the committee appointed to take into considera-
tion the matters contained in the memorial of the President
and Fellows of Yale College in New Haven, preferred to this
Assembly, have reported that there is a balance of £180 10
9, lawful money, due for the necessary expences of said col-
lege for the year past, and that the memorialists have no
money in their treasury to pay the same : This Assembly
grants to the memorialists the said sum of X180 10 9 out of
the treasury of this Colony, to be paid in bills of publick
credit of the last emission ; and the Treasurer of this Colony
is hereby ordered to pay the same to the treasurer of said
college, to be improved for the purpose aforesaid.
61 PUBLIC RECORDS [October,
The Gentlemen nominated hy the Votes of the Freemen to stand for Elec-
tion in May next, as sent in to the General Assembly hold an at Ne-w
Haven on the second Thursday of October, 1772, are as follow, viz :
The Hon'^'^'^ Jonathan Trumbull, Esq'',
The Hon^^'« Mathew Griswold, Esq%
Hezekiah Hunting-ton, Esq"", Joseph Spencer, Esq%
Shubael Conant, Esq% Oliver Wolcott, Esq',
Elisha Sheldon, Esq^ The Hon'"*^ Thomas Fitch, Esq'',
Eliphalet Dyer, Esq% Ebenezer Silliman, Esq'",
Jabez Huntington, Esq'', Jabez Hamlin, Esq"",
William Pitkin, Esq', Mr. Jas. Abraham Hillhouse,
E,oger Sherman, Esq', Mr. Daniel Sherman,
Abraham Davenport, Esq', Major Erastus Wolcott,
Wm Samuel Johnson, Esq', Maj Samuel Holdeii Parsons.
Resolved by this Assembly, That the Treasurer of this Colony
attend on the same at New Haven on the 29th of instant Octo-
ber, prepared with money to defray the expences thereof.
On the petition of Eliphalet Enos, of Windsor in the county
of Hartford, vs. Richard Alsop, of Midletown, and James
Church, of Hartford in the county aforesaid, dated April 14th,
1772, as on file, by continuance from the General Assembly
holden at Hartford on the second Thursday of May last : The
question was now put, whether the pleas offered by the respond-
ents in abatement of said petition are sufficient to abate the
same : Resolved by this Assembly in the affirmative.
On the petition of Simeon Cowles, of Waterbury in the
county of New Haven, vs. John Nugent and Anne Nugent
wife of the said John, both of Litchfield in the county of Litch-
field, which said Anne was formerly and before her intermar-
riage with said John Anne Welch of said Litchfield, dated Nov.
15th, 1771, as on file, by continuance from the General Assem-
bly holden at Hartford &c. on the second Thursday of May
last : The question was now put, whether there is error in
the judgment of the superior court referred to in said petition,
as the petitioner hath therein alledged and complained of :
Resolved by [this] Assembly in the negative.
[188] On the petition of Hezekiah Humphry, Esq', and
James Hilyer, both of Symsbury in the county of Hartford,
vs. Jonathan Humphry and Elisha Cornish, both of Symsbury
aforesaid, dated May 4th, 1772, as on file, by continuance
from the General Assembly holden at Hartford &c. on the
second Thursday of May last : And now the question was
put, whether the pleas offered by the respondents in abatement
of said petition are sufficient to abate the same : Resolved by
this Assembly in the affirmative. Cost allowed respondents is
£S 10 4, L. money. Ex. granted December 29th, 1772.
1772.] OP CONNECTICUT. 65
On the petition of Isaac Lewiss and Isaiah Moss, both of
Wallingford in the county of New Haven, vs. Eve Provost, of
the city and Province of New York, administratrix of the goods
and estate of John Provost, late of said New York, deceas'd,
dated June 20th, 1772, as on file : The question was put,
whether anything should be granted on the prayer of said
petition : Resolved by this Assembly in the negative.
On the petition of Jonathan Metcalf, William Metcalf,
Samuel Huntington and Hannah Huntington his wife, and
John Huntington, all of Lebanon in the county of Windham,
and Peter Pratt, late of Sharon in the county of Litchfield
now of Philips Patent in Dutchess county in the Province of
New York, vs. Zebulon Babcock, of Sharon in said county of
Litchfield, and Benajah Geer, of Coventry in the county of
Windham, dated April l-5th, 1772, as on file, by continuance
from the General Assembly liolden at Hartford on the second
Thursday of May last : The question was now put, whether
the pleas offered in abatement of said petititon are sufficient
to abate the same : Resolved by this Assembly in the affirma-
tive.
On the petition of Joseph Page, of Stonington in the county
of New London, vs. Capt. Thomas Prentiss of said Stonington,
agent for said town and one of the principal inhabitants thereof,
and the rest of the inhabitants of said Stonington, dated May
4th, 1772, as on file : The question was now put, whether the
pleas offered by the respondent in abatement of said petition
are sufficient to abate the same : Resolved by this Assembly
in the affirmative.
On the petition of Samuel Treat, of Milford in the county of
'New Haven, one of the executors of the last will of Richard
Bryan late of said Milford, deceas'd, vs. John Treat and Anne
his wife, Zechariah Marks and Mary his wife, Sarah Bryan
sen'', Capt. Richard Bryan, Mehitabel Ingersol, and Sarah
Bryan jun"", a minor under age, and said Sarah l?ryan sen'' her
guardian, all of Milford aforesaid, dated September 20tli,
1771, by sundry continuances lying before this Assembly :
The question was now put, whether the pleas offered in
abatement of the petition are sufficient to abate the same :
Resolved by this Assembly in the affirmative.
On the petition of Sylvanus Higgins, of Chatham in the
county of Hartford, vs. Thomas Mamford and Ebenezer Led-
yard, of Groton in tlie county of New London, and others
named in the citation annexed to said petition, creditors of the
said Sylvanus Higgins, dated September 26th, 1771, as on file,,
and on tlie report of a committee appointed to enquire &c.
9
66
PUBLIC EECORDS
[October,
lying before this Assembly : The question was put, whether on
said report anything should be granted or decreed in favour of
the petitioner, and resolved by this Assembly in the negative.
This Assembly grants to his Honor Governor Trumbull the
sum of one hundred and fifty pounds, lawful money, for the
last half of his salary the current year.
This Assembly grants to his Honor Deputy Governor Gris-
wold the sum of fifty pounds, lawful money, for the last half
of his salary the current year.
[189] Resolved hy this Assembly, That the consideration of
the following petitions and memorials, now depending before
this Assembly, be continued to the next sessions of the same,
Ebenezer Hall v. Daniel Morriss.
Aaron Cleaveland v. James
Dixon.
Sarah and Daniel Hooker v.
George Hosnier &c.
Isaac Guion v. Mary Knowles&c.
Clement Minor v. Paul Wheeler
&c.
Daniel Belding v. Thomas Beld-
ing.
Sampson Simpson v. Abraham
Brunson.
Philip Dagget v. William Jones
&c.
Kinney v. Joseph Jack-
son.
James Bill's memorial.
Thomas Willson v. William Pot-
ter.
Ezekiel Pierce v. Samuel Stew-
art.
Isaac Bennet v. eundem.
Joshua Belding v. David Smith
&c.
Gurdon Saltonstall v. John Win-
throp.
Grant and Kneeland v. Sam'
Tozer.
John Lawrence, Esq'',?;. Benjamin
Payne, Esq^
Idem V. Isaac Bald'v^dn.
Idem V. eundem.
Idem V. Seth Wetmore, Esq''.
Idem V. Town of Stonington.
Ralph Isaacs v. Stephen Holmes.
William Tiley v. John Walker.
John Keith's memorial.
Jonathan Miller v. Barnabas
Thomson &c.
Leonard Chester v. John Chester
&c.
Josiah Case v. Moses Griswold.
John Clapp v. John Grigg.
John Hunt v. Shadrach Hubbell.
Ozias Pratt's memorial.
Daniel Ely's memorial.
William Hall's memorial.
Caleb Austin v. William Bow-
doin, Esq''.
New Hartford v. Symsbury.
George Polliott v. Eleaz'' Pitch
jun^
Joshua Leonard v. eundem.
Nathaniel Ensworth's memorial.
Warham Williams v. Ehsha
Bigelow.
Wallingford v. Midletown.
William Pitkin, Esq"", v. Jonath.
Chipman.
David Wheeler v. Ezra Wheeler.
John Borland v. John Rew.
Benjamin Horton v. William
Underwood.
Judah Swift's memorial.
Moses Rowley's memorial;
John Royce v. David Williams
&c.
James Thomson v. Daniel Payne.
1772.]
OF CONNECTICUT.
67
Reynold Marvin v. Benj. Doug-
las &c.
Peter E. Livingston v. South
Society in Hartford.
Benja. Kissam &c. v. John Gil-
lett.
John Gillett v. Ebenezer Gillett.
Isaac Fellows v. Joseph Shaw.
John Hoy v. William McCracan.
Peletiah Pierce v. John Benton.
Milford lister's memorial.
Nath^ Shaw v. John Lambert
jun^
John Banister v. Alex'' Phelps.
Thomas Barber v. Rachel Dowe.
Isaac Bidwell v. William Pitkin,
Esq''.
James Shelton v. Ruth Stevens.
Richard Alsop v. Joseph Church
jun''. &c.
Robert McLeave v. eosdem.
Samuel Chapman v. John Ray.
John Hills v. James Jauncey &c.
Patrick Robinson v. Daniel Til-
lotson.
Samuel Talcott &c. v. James
Nichols.
Samuel Tomlinson v. Freegift
Hawkins.
Daniel Pratt v. John Thomas.
Joseph Harriss v. Town of Pres-
ton.
David Clarkson v. Zebulon
Brown.
Richard Smith &c. memorial.
Joseph Barnerd v. Solomon
Wells, Esq^
Elisha Seymour v. Joseph Tal-
cott. Esq"".
John Hotchkiss v. John Eliott.
Joseph Church v. Rachel Dowe.
[190] Town of Hartford v.
Treasurer.
Thomas Lee v. James Taylor.
Joel Case v. Amos Wilcox.
Daniel Payne v. Elias Bobbins.
Zachariah Marvin's memorial.
William French's memorial.
Samuel Colton v. Jonathan Terry.
Solqmon Clark v. William Hall.
Gurdon Saltonstall v. Philip Liv-
ingston, Esq"".
Sylvanus Bishop v. Benja. Doug-
lass &c.
Thomas Whiton v. Jonath. Pitch.
John Perkins v. Jonath. Peters.
Silvester Gardiner v. William
Jepson.
Ebenezer Grant v. Chester Wells.
Ashford memorial.
Nathaniel Sherman v. Mount
Carmel.
Peter Vandervoort v. John
Thomson.
Abner Burroughs' memorial.
Luther Shepard's memorial.
James Perrit v. Town of Derby.
John Daviss v. William Daviss &c.
William Walton v. Brooklyn
Parish.
Jabez Hamlin, Esq'', v. Midle-
town 1st Society.
Benjamin Marcy v. Town of
Ashford.
Jonathan Ashley v. William
Hooker.
Baptists and Separates' memorial.
Nathan Hibbard's memorial.
John Eaton's memorial.
John Foster v. Seth Bartlett.
William Ellery v. Joseph Wright.
Joseph Hastings' memorial.
Nathaniel Drake v. Society East
Hadam.
Stephen Burrett v. James Jaun-
cey.
Job Norton v. David Burnham.
Elizur Hubbard v. Wm. Sam'
Johnson.
Pantry Jones v. Hartford inhabi
tants.
William B. Brown v. Nath'
Hecox.
Daniel Payne v. William Utley.
David Strickland v. Westfield.
Jabez Huntington v. Hugh Led-
lie.
Josiah Hammon v. Town of
Mansfield.
68
PUBLIC EECORDS
[October,
Caleb Turner v. Stephen Turner.
Daniel Waterman v. James Flint.
Jacob Pinto v. Peter Ketteltas.
Elisha Keys' memorial.
Ralpb Pomroy &c. v. William
Fitch.
Josiah Ames v. John King.
Joshua Elderkin's memorial.
Samuel Gilbert's memorial.
Ebenezer Case's memorial.
Black Hill memorial.
Sylvanus Phelps' memorial.
Amos Barns' memorial.
Chauncey Bulkley's memorial.
Nathan Abbee's memorial.
Selectmen of Midletown's memo-
rial.
Elisha Seabury's memorial.
Joseph Eaton v. Benja. Bacon.
Benjamin Wyncoop v. Joseph
Gorham.
Ephraim Lewiss v. Joseph Isham
&c.
James Bates v. Town of Hadam.
Robert Rose v. Joseph Rose.
Jack and Jude v. Oliver Bulkley
&c.
Elisha Whittlesey v. Stephen
Whittlesey Hall.
Benjamin Wyncoop v. Samuel
Couch.
Ehsha Webster v. Jonath. Rob-
bins.
Stiles Curtiss v. Town of Strat-
ford.
Benjamin Trumbull v. Bemslee
Peters.
Josiah Blackslee v, Isaac Sears.
Roswell Mills v. Joel Loomiss.
Odiah Loomiss v. James Cornish.
Jonathan Peters v. Ezekiel Hor-
ton.
Jedediah Norton v. Benja. Rice.
Abraham Palmer v. Samuel Pal-
mer.
Malcolm Mallery v. Bazil Mun-
son.
Thomas LefSngwell's memorial,
This Assembly was adjourned by proclamation
Samuel Wolcott v. Elisha Wil-
liams.
Uriah Brigham v. Town of Mans-
field.
Ebenezer Scott v. Samuel Kent.
Seth Austin v. Samuel Kent &c.
Aaron Austin v. Stephen Gillett.
Oliver Hanchet v. Medad Pom-
roy.
Samuel Butler, v. Samuel Tal-
cott &c.
Joseph Indian v. Milford Pro-
prietors.
Ralph Pomroy v. Pantry Jones.
Samuel Falkner V. Caleb Falkner.
Theophilus Bache v. John Hotch-
kiss.
Perry, Hayes &c. v. eundem.
Elizabeth Wilford's memorial.
Greenwich v. Stamford.
Dudley Wood bridge v. Samuel
Cheeseborough.
Isaac Bid well v. Samuel North.
Benjamin Atwater v. 1st Society
Wallingford.
Jesse Ives v. John Ives.
John Gardiner v. John McCurdy.
Samuel Parsons jun'' v. James
Wads worth.
George Smith v. Daniel Hooker
&c.
Eleazer Cary v. Hugh Ledlie.
Jonadab Bassett v. Samuel Bas-
sett.
Ephraim Minor v. Ephraim
Woodbridge.
Josiah Phelps v. John Lewiss.
Obadiah Hurlburt's memorial.
Elisha Pitkin's do.
Elisha Pitkin's do.
Samuel Rockwell's memorial.
John Gregg's memorial.
Rufus Minor v. Ephraim Wood-
bridge.
Jeremiah Parmelee's &c. &c.
memorial.
&c. until
1772.] OF CONNECTICUT. 69
the Governor, or in his absence the Deputy Governor, shall
see cause to call it to meet again.
Teste George Wyllys Secret'y.
[33] At a meeting of the Governor and Council of the Col-
ony OF Connecticut convened at New Haven the 2d day
OF October, Anno Dom. p75.* .~';~^')'^'
Present: Honorable Jon*** Trumbull, Esq'', Governor.
Honorable Mathew Griswold, Esq'', Deputy Governor.
Hez. Huntington, Esq'', Eoger Sherman, Esq'',
Shubael Conant, Esq"", Abraham Davenport, Esq'',
Elisha Sheldon, Esq"', Wm. Samuel Johnson, Esq', , . • , ,
Eliphalet Dyer, Esq', Joseph Spencer, Esq',
Jabez Huntington, Esq', Oliver Wolcott, Esq',
Wm. Pitkin, Esq'.
The selectmen of New London exhibited their account for sup-
porting John Collins, a transient person, Joseph Whiteker, Thomas
Blanchfield and Amos Boles, amounting to £14 5, which was
allowed in Council and resolved that the Treasurer pay the same
accordingly.
To Milford selectmen for supporting Edward Ford, three
pounds seventeen shilhngs and six pence. Order given S9th of Oct.,
1772.
To Doctor Alexander Wolcott for doctoring Billy Squaw, one
pound twelve shillings and eight pence. Order given 30th January,
1773.
To the selectmen of New Haven for supporting John Selevin, a
transient person, five pounds fifteen shillings and six pence. Order
given 29th October, 1772.
To Col. Jabez B^itch for supporting Peter Merrey, a transient per-
son, two pounds seven shillings and eight pence. Order given 29th
Octoher, 1776.
[34] To Sheriff Fitch, £16 2, for tending the Assembly and
sundry other disbursements. Order given 30th of October, 1772.
To the selectmen of Pomphret for supporting and doctoring
Christopher Boyd, £6 7 10. Order given Octoher 20th, 1772.
To the selectmen of East Haddam for supporting and doctoring
John Boseley, a transient person, £25 6 9. Order given Octo. 29th,
1772.
* Although such is the record there is no doubt but that the correct read-
ing should be "the second Thursday of October, 1773." Hezekiah Hunting-
Ion, named as one of the Assistants present, died suddenly at New Lon-
don, Feb. 10th, 1773, and Messrs. Dyer and Sherman in October 1775
were in attendance upon the Congress in Philadelphia.
The date 1775, in other places of the record of this meeting is also
to be suspected.
70 PUBLIC RECORDS [Maj,
To Daniel Sherwood, constable of Fairfield, for transporting
Mary Brown, a transient person, 18 0. Order given Odo. 39th,
1112.
To the selectmen of Daiibiiry for supporting Jos. White, a
transient person, £16 4. ihder given Odo. 29th, 1772.
To the selectmen of Pomphrit for supporting John Bowde, a
transient person, £22 5 0. Order giien Odo 20th, 1775.
To the selectmen of Sharon for supporting Peter Gembleton, a
transient person, £7 16 lO-l. Order given 20th of Odo., 1772.
To the selectmen of Litchfield for supporting John Kelley, a
transient person. £6 7 8. Order given Odo. IJfth, 1775.
To Levi Hubbard of Guilford, for supporting a transient person,
£0 18 8, Order given 29th Odo.. 1775.
To the selectmen of Woodbury for supporting sundry transient
persons, £13 5 8. Order given Odo. 29th, 1772.
[35] To the selectmen of Middleton for support [of] sundry
transient persons, £7 13 8. Order given Odo. 29th, 1772.
Resolved hy this Board. That the several sums to the selectmen
and private persons be allowed, and that the Treasurer of this
Colony pay the same accordingly.
Upon the memorial of Oliver Dudley and others of Guilford,
shewing to this Board that they are proprietors of about nineteen-
twentieth parts of a salt-marsh in Guilford, containing about forty-
two acres, commonly called and known by the name of the Long
Cove, which is much damaged by overflowing of water, and pray-
ing for commissioners of sewers to he appointed to ditch, drain or
dyke said land &c.. as per memorial on file &c. : Resolved by this
Board, that Messrs.
be appointed commissioners of sewers, to ditch, drain or dyke said
land, with all the authority and powers necessary for said purpose.
[193] Anno Regni Regis Georgii tertii decimo-tertio.
At a General Assembly of the Governor and Company
OF THE English Colony of Connecticut in New England
IN America, holden at Hartford in said Colony on
THE second Thursday of May, (being the • thirteenth
DAY OF said month) AND CONTINUED BY SEVERAL ADJOURN-
MENTS UNTIL THE FIFTH DAY OF JUNE NEXT FOLLOWING,
ANNOQUE Domini 1773.
Present :
The Honorable Jonathan Trumbull, Esq"", Grovernor.
The Honorable Mathew Griswold, Esq"", Deputy Grovernor.
Shubael Conant, Esq"", Roger Sherman, Esq'', ^ ^
Elisha Sheldon, Esq"", Abraham Davenport, Esqf,
Eliphalet Dyer, Esq'", William Samuel Johnson, Esq"",
Jabez Huntington, Esq'',Joseph Spencer, Esq%
William Pitkin, Esq', Oliver Wolcott, Esq"",
1773.] OF CONNECTICUT. 71
JRepreaentatives or Deputies of the Freemen of the several
towns are as foUoiv, viz :
Colo. John Pitkin, Mr. Benja. Payne, for Hartford.
Capt. Thomas Belden, Mr. Silas Dean, for Weathersfield.
Jabez Hamlin, Esq'', chosen Assistant, Mr. Richard Alsop, for
Midletown.
Capt. Fisher Gray, Colo. Isaac Lee, for Farmington.
Capt. Josiah Bissell, Capt, Josiah Phelps, for Windsor.
Mr. Daniel Brainerd, Capt, Dyer Throop, for East Haddam.
Capt. Samuel Chapman, Mr. Elisha Steel, for Tolland.
Capt. Hezekiah Holcomb, Capt. Jonathan Humphry, for
Symsbury.
Mr. John Kimberly, Mr. Ebenezer Plummer, for Glaston-
bury.
Phineas Lyman, Esq"", Mr. Alexander King, for Suffield.
Maj'^ Erastus Wolcott, Capt. Charles Els worth, for East
Windsor.
Capt. Thomas Selden, Capt. Joseph Brooks, for Haddam.
Maj"" Henry Champion, Mr. Daniel Foot, for Colchester.
Capt. Joel White, Capt. Thomas Pitkin, for Bolton.
[194] Mr. Ebenezer White, Mr. Silas Dunham, for Chatham.
Mr.. Edward Collins, Capt. Ephraim Pease, for Enfield.
Capt. Isaac Pinney, Capt. Nathan Johnson, for Stafford.
Mr. Reuben Sikes, Mr. Zerah Kibbee, for Somers.
Capt. Abner Barker, Mr. Elijah Fenton, for Willington.
Capt. David Barber, Capt. Ol3adiah Horsford, for Hebron.
Mr. James A. Hilhouse, Mr. Samuel Bishop, for New
Haven.
Mr. Samuel Brown, Capt. Andrew Ward, for Guilford.
Capt. John Fowler, Maj' David Baldwin, for Milford.
Colo. Elihu Chauncey, Capt. James Wadsworth, for Durham.
Capt. Macock Ward, Capt. Reuben Atwater, for Walling-
ford.
Mr. Edward Russell, for Branford.
Capt. Jonathan Baldwin, Capt. Timothy Judd, for Water-
bury.
Capt. John Wooster, Mr. Joseph Hull, for Derby.
Gurdon Saltonstall, Esq"", Mr. William Hillhouse, for New
London.
Mr. Rufus Lathrop, Mr. Benjamin Huntington, for Norwich.
Maj'' Samuel H. Parsons, Mr. Samuel Selden, for Lyme.
Mr. William Ledyard, Mr. William Avery, for Groton.
Capt. Elnathan Stephens, Mr. Theophilus Morgan, for Kil-
lingworth.
Maj' Charles Phelps, Mr. Benja. Clark, for Stonington.
72 PUBLIC RECORDS [May,
Mr. Samuel Mott, Colo. Samuel Coit, for Preston.
Mr. Stephen Chalker, Capt. William Worthington, for Say-
brook.
Ebenezer Silliman, Esq'', Mr. Jonathan Sturgiss, for Fair-
field.
Capt. John Mead, Mr. Amos Mead, for Greenwich.
Mr. Alexander Stewart, Mr. Alex'' Fairchild, for New Fair-
field.
Colo. John Read, Mr. Hezekiah Sanford, for Reading.
Capt. Robert Fairchild, Mr. John Brooks, for Stratford.
Capt. Samuel Starr, Capt. Thomas Stephens, for Danbury.
Maj"" John Chandler, Mr. Peter Nichols, for Newtown.
Maj'' Cliarles Webb, Mr. Benjamin Weed, for Stamford.
Colo. Philip B. Bradley, Mr. Samuel Olmsted, for Ridgefield.
Mr. Thomas Belding, for Norwalk.
Capt. Jabez Huntington, Mr. Nathaniel Wales, for Windham.
Colo. William Williams, Capt. Joseph Trumbull, for Lebanon.
Capt. John Douglass, Capt. Isaac Coit, for Plainfield.
Mr. Daniel Daviss, Capt. William Danielson, for Killingley.
Capt. Benja. Sumner, Mr. Ezra Smith, for Ashford.
Mr. Constant Southworth, Mr. Edmund Freeman, for Mans-
field.
Capt. Isaac Gallop, Mr. Samuel Gordon, for Voluntown.
Colo. Ebenezer Williams, Mr. Samuel Craft, for Pomf ret.
Capt. Elisha Child, Mr. Silas Bowen, for Woodstock.
Mr. Phineas Strong, Capt. Ebenezer Kingsbury, for Coventry.
Mr. Jedediah Strong, Capt. John Marsh, for Litchfield.
Mr. Epaphras Sheldon, Mr. John Cook, for Torrington.
Colo. John Williams, Mr. James Pardee, for Sharon.
Capt. John Ensign, Capt. Samuel Forbs,for Canaan.
Mr. Josiah Phelps, Capt. John Wilson, for Harwington.
Mr. Daniel Sherman, Mr. Edward Hinman, for Woodbury.
Mr. Heman Swift, Capt. Thomas Porter, for Cornwell.
Capt. Ebenezer Norton, Mr. Stephen Goodwin, for Goshen.
Mr. Ephraim Hubbell, Mr. Nathan Eliott, for Kent.
Mr. Joshua Porter, Capt. James Landon, for Salisbury.
Ca])t. Mathew Gillett, Capt. Isaac Kellogg, for New Hartford.
Colo. Bushnel Bostwick, Capt. Samuel Canfield, for New
Milford.
Colo. Jabez Fitch, Mr. Eliashib Adams, for Canterbury.
[195 J Ebenezer Stilliman, Esq'', Speaker, ) of the House of
William Williams, Esq"", Clerk, ( Representatives.
This day being appointed by the royal charter and the
laws of this Colony for the Election of the publick officers of
the Colony, viz: Governor, Deputy Governor, Assistants,
1773.] OF CONNECTICUT. 73
Treasurer and Secretary, proclamation was made in manner
accustomed, and then the votes of the freemen were given in
to the persons appointed by the Assembly to receive, sort and
count them and to declare the names of such persons as
shall be chosen to any of the aforementioned offices accord-
ing to law ; which persons so appointed were, Shubael Co-
nant, Elisha Sheldon, Eliphalet Dyer, Jabez Huntington, Wil-
liam Pitkin, Roger Sherman, Abraham Davenport, William
Samuel Johnson, Joseph Spencer, Oliver Wolcott, Esq'^
Capt. Fisher Gay, Mr. Silas Dean, Mr. Samuel Bishop, Maj""
David Baldwin, Colo. Samuel Coit, Mr. Rufus Lathrop, Mr.
John Brooks, Maj'' John Chandler, Mr. Nathaniel Wales,
Mr. Phineas Strong, Colo. Buslinell Bostwick and Mr. Joshua
Porter, who were all sworn to a faithful discharge of that
trust.
And the votes of the freemen being brought in, sorted and
counted,
The Honorable Jonathan Trumbull, Esq^, is chosen Gov-
ernor of this Colony for the year ensuing.
The Honorable Mathew Griswold, Esq"", is chosen Deputy
Governor of this Colony for the year ensuing.
Shubael Conant, Elisha Sheldon, Eliphalet Dyer, Jabez
Huntington, William Pitkin, Roger Sherman, Abraham
Davenport, William Samuel Johnson, Joseph Spencer, Oliver
Wolcott, Jabez Hamlin, James Abraham Hillhouse, Esq ^
were chosen Assistants for the year ensuing.
John Lawrence, Esq"", is chosen Treasurer of this Colony
for the year ensuing.
George Wyllys, Esq% is chosen Secretary of this Colony
for the year ensuing.
[196] The Governor's oath prescribed by the law of this
Colony, and the oath required by act of Parliament made
and passed in the fourth year of the reign of his Majesty
George the third, entituled An act for granting certain duties
in the British Colonies and Plantations in America &c.,
were in due form and manner administered to the Hon*^'^*^
Jonathan Trumbull, Esq"", now chosen Governor of the Colony
of Connecticut, who thereupon took the Governor's chair.
The Deputy Governor's oath prescribed by the law of this
Colony was duly administred to the Hon^'*" Mathew Griswold,
Esq"", now chosen Deputy Governor of this Colony, who
thereupon took the Deputy Governor's chair.
The Assistant's oath prescribed by the law of this Colony
was duly administered to Shubael Conant, Elisha Sheldon,
Eliphalet Dyer, Jabez Huntington, William Pitkin, Roger
10
74 PUBLIC RECORDS [May,
Sherman, Abraham Davenport, William Samuel Johnson,
Joseph Spencer, Oliver Wolcott, Jabez Hamlin and James
Abraham Hilhouse, Esq'', now chosen Assistants over this
Colony, who thereupon took their seats at the Council Board.
The Treasurer's oath prescribed by the law of this Colony
was duly administred to John Lawrence, Esq"", now chosen
Treasurer of this Colony.
The Secretary's oath appointed by the law of this Colony
was duly administred to George Wyllys, Esq', now chosen
Secretary of this Colony.
Ordered^ That William Samuel Johnson and Robert Fair-
child, Esq'*, return the thanks of this Assembly to the Rev*^
Izrahiah Wetmore for his sermon delivered before the Assem-
bly on the 13th instant, and desire a copy thereof that it may
be printed.
This Assembly do appoint the Hon^'^'' Mathew Griswold,
Esq', to be Chief Judge of the Superior Courts in this Colony
the year ensuing.
This Assembly do appoint Eliphalet Dyer, Roger Sherman,
William Pitkin and William Samuel Johnson, Esq", to be
Judges of the Superior Courts in this Colony for the year
ensuing.
This Assembly do appoint Samuel Huntington, Esq', of
Norwich, to be a Judge of the Superior Courts in this Colony
for the year ensuing, in the room of William Samuel Johnson,
Esq', resigned.
This Assembly do appoint Jabez Hamlin, Esq', to be Judge
of the County Court in and for the county of Hartford the
year ensuing.
This Assembly do appoint Abraham Davenport, Esq', to be
Judge of the County Court in and for the county of Fairfield
the year ensuing.
[197] This Assembly do appoint Shubael Conant, Esq', to
be Judge of the County Court in and for the county of
Windham the year ensuing.
This Assembly do appoint John Williams, Esq', to be
Judge of the County Court in and for the county of Litchfield
the year ensuing.
This Assembly do appoint Richard Law, Esq', to be Judge
of the County Court in and for the county of New London
the year ensuing.
This Assembly do appoint James Abraham Hilhouse, Esq',
to be Judge of the County Court in and for the county of
New Haven the year ensuing.
177-i.] OF CONNECTICUT. T5
This Assembly do appoint Joseph Talcott, Esq"", to be
Judge of the Court of Probate for the district of Hartford
the year ensuing.
This Assembly do appoint Joseph Spencer, Esq% to be
Judge of the Court of Probate for the district of East Hadam
the year ensuing.
This Assembly do appoint Jabez Hamlin, Esq"", to be Judge
of the Court of Probate for the district of Midletown the
year ensuing.
This Assembly do appoint Isaac Pinney, Esq"", to be Judge
of the Court of Probate for the district of Stafford the year
ensuing.
This Assembly do appoint Solomon Whitman, Esq"", to be
Judge of the Court of Probate for the district of Parmington
the year ensuing.
This Assembly do appoint John Owen, Esq>", to be Judge
of the Court of Probate for the district of Symsbury the year
ensuing.
This Assembly do appoint John Hubbard, Esq"", to be
Judge of the Court of Probate for the district of New Haven
the year ensuing.
This Assembly do appoint Aaron Eliott, Esq"", to be Judge
of the Court of Probate for the district of Guilford the year
ensuing.
This Assembly do appoint Gurdon Saltonstall, Esq% to be
Judge of the Court of Probate for the district of New London
the year ensuing.
This Assembly do appoint Jabez Huntington, Esq^ to be
Judge of the Court of Probate for the district of Norwich the
year ensuing.
This Assembly do appoint Charles Phelps, Esqf", to be
Judge of the Court of Probate for the district of Stonington
the year ensuing.
This Assembly do appoint Ebenezer Silliman, Esq"", to be
Judge of the Court of Probate for the district of Fairfield the
year ensuing.
This Assembly do appoint Abraham Davenport, Esq% to
be Judge of the Court of Probate for the district of Stamford
the year ensuing.
This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate for the district of Danbury the
year ensuing.
This Assembly do appoint Shubael Conant, Esq^ to be
Judge of the C'oui't of f'rQbate for the district of Windham
the year ensuing.
76 PUBLIC RECORDS [Maj,
This Assembly do appoint Jabez Fitch, Esq", to be Judge
of the Court of Probate for the district of Plainfield the year
ensuing.
This Assembly do appoint Ebenezer Williams, Esq"", to be
Judge of the Court of Probate for the district of Pomfrett
the year ensuing.
This Assembly do appoint Oliver Wolcott, Esq'', to be
Judge of the Court of Probate for the district of Litchfield
the year ensuing.
This Assembly do appoint Daniel Sherman, Esq'", to be
Judge of the Court of Probate for the district of Woodbury
the year ensuing.
[i98] This Assembly do appoint John Williams, Esq"", to
be Judge of the Court of Probate for the district of Sharon
the year ensuing.
This Assembly do appoint William Wolcott, Seth Wet-
more, Samuel Talcott and Erastus Wolcott, Esq''% to be
Justices of the Peace and Quorum for the county of Hart-
ford the year ensuing.
This Assembly do appoint George Wyllys, Joseph Talcott,
Thomas Hosmer, Jonathan Hills, John Pitkin, Benjamin
Payne, John Lawrence, Thomas Seymour, Elisha Williams,
Solomon Wells, Thomas Belden, Josiah Bissell, Henry Allyn,
Eoger Newberry, Charles Elsworth jun% Nathaniel Chauncey,
Mathew Talcott, Solomon Whitman, Joseph Hart, Jared Lee,
John Strong, Selah Hart, Isaac Lee jun'', James Wadsworth,
Fisher Gay, John Owen, Judah Holcomb, Jonathan Petti-
bone, Hezekiah Humphry, Oliver Humphry, Joseph Wells,
Jabez Brainerd, Joseph Brooks, William Wells, Alexander
King, Daniel Cone, Daniel Brainerd, Jabez Chapman jun'',
Samuel Huntington, Epaphras Lord, John Watrous, Daniel
Foot, Peter Bulkley, Henry Champion of Colchester, David
Barber, John Phelps, Samuel Gilbert junr, Ephraim Terry,
Joseph Olmsted, Edward Collins, Benjamin Talcott, Thomas
Pitkin, Joel White, Samuel Cobb, Samuel Chapman, Isaac
Pinney, Daniel Alden, Abner Barker, Moses Holmes, Samuel
Reynolds, David Sage, Nathaniel Freeman, Ebenezer White,
Phineas Lyman, Elisha Steel, Elizur Talcott, Richard Alsop,
Titus Hosmer, and Jonathan Wells, Esqr% to be Justices of
the Peace for the county of Hartford the year ensuing.
This Assembly do appoint John Hubbard, Elihu Chauncey,
Thomas Darling and John Fowler, Esq'"^ to be Justices of
the Peace and Quorum for the county of New Haven the
year ensuing.
This Assembly do appoint John Whiting, Daniel Lyman,
1773.] OF CONNECTICUT. 77
Samuel Bishop junr, David Wooster, Enos Allen, Samuel
Hemingway, Samuel Sackett, Joshua Chandler, Simeon Bris-
tol, Caleb Beecher, Nathan Baldwin, David Baldwin, Ephraim
Strong, David Ingersoll, Timothy Russell, Charles French,
John Daviss, Joseph Hull jun^, Thomas Mathews, Joseph
Hopkins, Timothy Judd, Jonathan Baldwin, Samuel Lewiss,
Phineas Reice, Elihu Hall, Benjamin Hall 3^, Aaron Lyman,
Macock Ward, Dan Johnson, Caleb Hall, Oliver Stanly,
James Wadsworth junr, Nathaniel Ruggles, John Burgiss,
Samuel Brown, Josiah Meigs, Timothy Todd, Oliver Dudley,
Samuel Barker, James Barker, William Gould, Jonathan
Russell, Josiah Rogers, Thomas Howell, and Reuben At-
water, Esq''% to be Justices of the Peace for the county of
New Haven the year ensuing.
This Assembly do appoint Samuel Colt, William Hilhouse,
Jeremiah Miller and Samuel Selden, Esqi's, to be Justices of
the Peace and Quorum for the county of New London the
year ensuing.
This Assembly do appoint Richard Law, Gurdon Salton-
stall, Pygan Adams, John Murdock, Daniel Coit, Jonathan
Lattimore junr, Joshua Raymond, John Winthrop, John
Hempsted, William Whiting, Ebenezer Hartshorn, Humphry
Avery, Jacob Perkins, Elisha Fitch, Simon Tracy jun"", Sam-
uel Huntington, Benjamin Huntington, Elisha Lathrop, Eli-
jah Backus, Christopher Leffingwell, Richard Hide, Samuel
Tracy, Rufus Lathrop, Daniel Bishop, William' Witter, Ben-
jamin Coit, Samuel Mott, Robert Crary, Samuel Prentice,
John Williams, Charles Phelps, Joseph Denison, Paul
Wheeler, Stephen Babcock, Nathaniel Minor, Luke Perkins,
Nathan Smith, William Williams, Ebenezer Avery, William
Avery, Benadam Gallop, Ebenezer Ledyard, Robert Geer,
Benjamin Lee, Samuel Ely, John Lay 2^, George Dorr, Sam-
uel Holden Parsons, Eleazer Mather, Hezekiah Whittlesey,
John Shipman, Benjamin Williams, Justus Buck, William
Worthington, Elnathan Stephens, Aaron Eliott, John Pier-
son, Theophilus Morgan, Winthrop Saltonstall, and William
Noyes, Esq''^ to be Justices of the Peace for the county of
New London the year ensuing.
[199] This Assembly do appoint John Read, Samuel
Adams, Robert Fairchild and Joseph Piatt, Esq", to be Jus-
tices of the Peace and Quorum for the county of Fairfield
the year ensuing.
This Assembly do appoint Ebenezer Silliman, John Brooks,
Agur Tomlinson, Theophilus Nichols, James Walker, Daniel
Fairchild, Ichabod Lewiss, Samuel Odell, Gold Selleck Silli-
78 PUBLIC RECORDS [Maj,
man, Lathrop Lewiss, David Burr juiiS Abraham Andrews,
Samuel Bradley, David Cooley, Thomas Beldino;, Thomas
Fitch jun^ Samuel Fitch, Elias Betts, Theophilus Fitch,
Thomas Youngs, Charles Webb, David Waterbury jun"", Ben-
jamin Weed, Joliu Mead, Peter Mead, Samuel Olmsted,
Samuel Smith, Philip Burr Bradley, Daniel Coley, Thomas
Benedict, Joseph Piatt Cook, Daniel Taylor, Samuel Taylor,
Lemuel Sanford jun"", Henry Lyon, Richard Fairman, John
Chandler, Henry Glover, diver Tousey, Thomas Brush,
Nehemiah Beardslee, Alexander Stewart, Jonathan Sturgiss,
Thadeus Benedict, and Henry Peck, Esq^^ to be Justices of
the Peace for the county of Fairfield the year ensuing.
This Assembly do appoint David Wilcoxson, Messenger
Palmer and Reuben Ferriss, Esq''^, to be Justices of the
Peace for the county of Fairfield the year ensuing.
This Assembly do appoint Jabez Fitch, Joshua West, Eben-
ezer Williams and William Williams, Esq", to be Justices of
the Peace and Quorum for the county of Windham the year
ensuing.
This Assembly do appoint Jonathan Huntington, Esq'",
Samuel Gray, Jedediah Elderkin, Nath' Wales jun"", Heze-
kiah Manning, Jacob Simons, William Metcalfe, Benajah
Bill, Isaac Coit, Elisha Payne, John Curtiss, Joseph Storrs,
John Salter, Phineas Strong, Ephraim Root, Thomas Wil-
liams, John Grosvenor, Samuel Craft, Jacob Dresser, Thomas
Moffatt, Bryant Brown, William Danielson, Robert Dixon,
Jeremiah Kinne, Samuel Stewart, Samuel Chandler, Nathan-
iel Child, Samuel Child jun'', Elijah Whiton, Benjamin Sum-
ner, Abner Sessions, and Solomon Wales, Esq", to be Justices
of the Peace for the county of Windham the year ensuing.
This Assembly do appoint John Clark, Esq"", to be a Jus-
tice of the Peace for the county of Windham the year ensuing.
This Assembly do appoint Licrease Mosely, Daniel Sher-
man, Bushnel Bostwick and Joshua Porter, Esq''', to be Jus-
tices of the Peace and Quorum for the county of Litchfield
the year ensuing.
This Assembly do appoint John Williams, Jacob Woodruff,
Isaac Baldwin, David Welch, Reuben Smith, Andrew Adams,
Daniel Everit, Benjamin Hinman, Gideon Walker, Benjamin
Stiles, Thomas Warner, Joseph Peirce, Paul Welch, Samuel
Bostwick, Samuel Can field, John Ransom, Daniel Lee,
Nathan Elliott, Ephraim Hubbell jun"", Daniel Griswold of
Sharon, James Landon, John Hutchinson, Thomas Chitten-
dou, Charles Burrell, Elisha Baker, Thomas Russell, Heman
Swift, Samuel Nash, Ebenezer Norton, Abijah Catlin, Daniel
1773.] OF CONNECTICUT. 79
Catlin, John Cook, Epaphras Sheldon, Isaac Kellogg, Mathew
Gillett, Michael Humphry, Nehemiah Andruss of Hartland,
Samuel Forbs, Zebulon Merrells, Joseph Ruggies, and Giles
Pettibone, Esq^s, to be Justices of the Peace for the county
of Litchfield the year ensuing.
An Act for repealing an Act of the General Assembly of this Colony-
made and passed at their Sessions held at Hartford on the second
Thursday of May, 1770, intituled An Act in Addition to an Act con-
cerning Petitions and Prayers or Memorials to the General Assem-
bly; and also for repealing one other Act of said A ssembly made at
their Sessions held at New Haven on the second 1 hursday of Octo-
ber, 1770, entituled An Act in Addition to and Alteration of the
said Act entituled An Act in Addition to an Act intituled An Act con-
cerning Petitions and Prayers or Memorials to the General Assembly
and also for making Provision for the Tryal and Decision of sundry
Matters in Equity.
[200] Whereas it is found by experience, that the provision
made in said two acts is not beneficial to the people of this
Colony, but fails to answer the ends proposed :
Be it therefore enacted hy the Giovernor, Council and Bep-
resentatives, in G-eneral Court assembled, and hy the authority
of the same, That said two acts be repealed, and they are
hereby severally repealed and made void.
Provided nevertheless,- That all such petitions and memo-
rials as are now depending in the General Assembly shall and
may proceed and be finally determined in the same manner and
by the same rules as such causes and matters have heretofore
been done since the making the acts aforesaid.
And it is also further enacted by the authority aforesaid.
That all suits for relief in equity, wherein the value of the
matter or thing in demand does exceed the sum of five pounds
and does not exceed the sum of twenty pounds, shall be heard
and determined by the respective county courts in this Colony
in the county where one of the parties dwell.
And it is also further enacted by the authority aforesaid,
That all suits for relief in equity where remedy is not to be
had at law, wherein the value of the matter or thing in demand
does exceed the sum of twenty pounds and does not exceed the
sum of one hundred pounds, shall and may be heard and
determined by the superior court of this Colony in the respective
counties where one of the parties dwell ; which suits shall be
brought in the same manner by petition or memorial as such
matters have heretofore been brought before the General
Assembly of this Colony. And the aforesaid superior and
county courts are hereby authorized and directed, to take cog-
nizance of all such matters in equity as shall from time to
time be brought before them, respectively, pursuant to this
act, and shall proceed to hear by themselves or a committee
and finally determine the same according to the rules of
equity ; and that no review or appeal sliall be had from the
80 PUBLIC RECORDS [May,
sentence or decree of sucli superior or county court therein.
And such courts are hereby respectively impovvered to inforce
such their sentence and decree according to the usage and
custom of the General Assembly in like cases ; any law, usage
or custom to the contrary notwithstanding.
This act to continue in force for the space of three years
from the rising of this Assembly, and no longer.
An Act in Addition to and Alteration of a La"w of this Colony entituled
An Act for providing, regulating and mending Higti^Rrays.
Whereas the method provided by said act for laying out
and altering publick highways occasions great and unneces-
sary expence, and no provision is therein made for laying out
private ways for the use of the inhabitants of towns in case
the selectmen neglect or refuse to lay out the same : For
remedy whereof.
Be it enacted hy the Governor, Council and Representatives,
in General Court assembled, and hy the authority of the same.
That when application is made as by law is already provided
to any county court in this Colony, for laying out a new high-
way or for altering any highway, upon inquiry by a disinter-
ested committee or other evidence, the same is judged by said
court to be of common convenience or necessity, such court
is hereby impowered to appoint a committee of three disin-
terested sufficient freeholders to view and lay out or alter
such highway, which committee shall give seasonable notice
to one or more of the selectmen of the town or towns in
which the same is to be laid out, and also set up a notifica-
tion in writing on the sign-post in such town or towns, at
least twenty days before they enter on said service, thereby
notifying the owners of the lands and others concerned of the
time, place and occasion of their meetings, and shall be under
oath to perform said service according to their best skill and
judgment, with most convenience to the publick and least
damage to private property; and shall ascertain the place
and course of such highway, and estimate the damages
done to any particular persons by laying out the same, and
make return thereof in writing under their hands to said
county court, which being approved by the court and recorded,
said higliway shall be and remain a publick highway, and the
[201] charges of || laying out the same, and the damages
sustained by any persons thereby, shall be paid and recovered
as by law is already provided. And in case any person is
aggrieved by the doings of said committee, either in laying out
sncli highway or estimating the damages, the court upon appli-
cation, before the report of the committee is accepted or any
determination made thereon, may enquire into the matter
1773.] OF CONNECTICUT. -81
complained of, by a jury if the party aggrieved desire it, and
grant such relief as the case may require : but if it appear
that there was no just cause of complaint, the court may
order that the person applying shall pay the cost arising
thereby, otherwise it shall be paid by the town ; and such
court may give judgment and grant execution accordingly.
And be it further enacted hy the authority aforesaid, That
the selectmen of the respective towns in this Colony, or the
major part of them, may lay out such publick highways or
private ways as they shall judge needful within their respective
towns, first giving reasonable notice to the owners of the
lands through which the same are to be laid out, or leave
such notice in writing at the place of their abode, if within
this Colony, to be present if they see cause at the laying out
of such ways ; and the damages done to such persons by lay-
ing out the same shall be paid by the persons applying for
such ways, if the same be for their private use only : but if
such ways be for the common use of the inhabitants, it shall
be paid by the town. And a survey in writing under the
hands of said selectmen containing a particular description
of such way being made, accepted by the town, and recorded
in the records of lands in such town, and satisfaction made
to the persons damnified, or the money deposited with the
town treasurer for their use ready to be paid to them when
they apply for the same, according to an estimate that shall
be made by three judicious disinterested freeholders under
oath, appointed by an Assistant or justice of the peace for
that purpose, or as the selectmen and parties interested may
agree, then such ways shall be and remain for the use for
which they are laid out.
Provided, nevertheless, That if any person shall be
aggrieved by any act done by the selectmen in laying out
any public or private way, or by the estimate of the damages,
such aggrieved persons may, within eight months after the
same is laid out, apply to the county court in the county
wherein such town is situated, 'for relief, causing said select-
men to be duly cited to shew reason, if any be, why such
relief should not be granted, which court may enquire of the
same by a jury, if the aggrieved party desire it, or by a com-
mittee, and grant such relief as shall appear to said court
just and reasonable, either by discontinuing such highway
or private way, or altering the same, or increasing the dam-
ages ; and if it appear that there was just cause of com-
plaint, the charges arising thereby and the increase of dam-
11
82 PUBLIC RECORDS [May,
ages, if any be, shall be paid by the town or persons for
whose use such way is laid out, but if otherwise the said
court may order said cost to be paid by the party complain-
ing, and give judgment, and grant execution accordingly.
And no highway or private way laid out by the selectmen by
virtue of this act through any persons enclosure, who shall
declare himself aggrieved by laying out the same, shall be
laid open or occupied until the expiration of twelve months
after laying out such way, that such persons may have
opportunity to apply for relief as aforesaid, and also have
time to fence and secure their inclosures.
And he it further enacted, That if the selectmen of any
town, upon application, shall refuse or neglect to lay out such
private ways as may be necessary for any inhabitants of
such town, the county court is hereby impowered, upon
application, to cause such ways to be laid out as may ap-
pear necessary, in the same manner as publick highways
are by this act directed to be laid out, and order the
cost of laying out the same, and damages sustained by
any person thereby, to be paid by the persons applying
for such ways, if the same be for their private use only,
but if for the common use of the inhabitants, then to be
paid by the town. And each committee-man employed in
laying out highways shall be allowed for himself, horse
and expences, six shillings per diem.
An Act in Alteration of an Act entituled An Act for regulating the
Market and ascertaining the Weight of Bunches of onions.
£e it enacted hy the Governor, Council and Mepresentatives,
in General Court assembled, and hy the authority of the same,
That the weight of each bunch of onions that shall hereafter
be offered to sale in this Colony shall be of four pounds and
an half weight at least. And whoever shall sell or offer to
sale any bunch or bunches of onions that shall not be fully
cured, dry, well and firmly bunched, and of four pounds
[and] an half weight, shall forfeit each bunch of onions so
offered to sale, or the value thereof, and no more, to him who
shall complain thereof and prosecute the same to effect ; any
law, usage or custom to the contrary notwithstanding.
[202] An Act in Addition to a La-w of this Colony entituled An
Act for preventing, punishing and removing of Nuisances in
Creeks, Rivers and other Water Courses.
Whereas the fishing with hedges or bush-seines in Ousa-
tonnick River disturbs and obstructs the fish in their course
and passage up said river, and is found by experience to pre-
vent the catching them in so great plenty as was had before
the use of such bush seines :
]7''3] OF CONNECTICUT. 83
Be it enacted hy the Giovernor, Council and Representatives,
in General Covrt assembled, and hy the authority of the same,
That for the future no person or persons whatsoever sliall
make use of any such hedge or bush-seine for catching of
fish in said river, or put any such sehie into said river, or
draw or drive any such bush-seine up or down said river or
in any part thereof in the seasons for catching fish, or be any
way aidhig or assisting therein. And eacli person who shall
be convicted of the breach of this act shall forfeit and pay
a fine of twenty shillings, one half to the treasurer of the
town wherein such conviction is had, and the other half to
any person who shall sue for and prosecute the same to
effect.
An Act in Addition to an Act entituled An Act for the preventing-,
punishing and removing- of Nuisances in Creeks, Rivers and
other Water Courses.
Whereas the course of fish up iShatucket River, and up
Quinebaug River, is continually interrupted by the drawing
of seines and other fish-craft, as now practised, which tends to
prevent their increase and occasions a great mispence of
time, to the injury of the publick :
Be it enacted hy the Governor, Council and Representatives,
in General Court assembled, and hy the authority of the same.
That for the future no person or persons whatever shall be al-
lowed to use or draw any seine or other fish-craft in either of
said rivers, from the rising of the sun on Thursday morning
to the rising of the sun on Monday morning in each week, in
the months of April, May and June, annually.
Be it further enacted by the authority aforesaid. That if any
person or persons shall be guilty of any breach of this act, on
conviction thereof before any court proper to try the same,
each person so offending, or that shall be aiding and assisting
therein, shall forfeit and pay the sum of ten pounds for the
use of him who shall sue for and prosecute the same to effect.
And it is further enacted by the authority aforesaid. That it
shall be lawful for any town adjoining to either of said rivers
in which such trespass shall be done, to prosecute by their
agent any breach of this act, in which case the fine or
penalty recovered shall be paid into the treasury of such
town, for the use of- said town.
Provided, That nothing in this act shall be taken to pre-
vent the drawing of seines as has been usual on the east side
of a small island in Sbatucket River, near opposite to the
place called Roth's Landing Place, within seven rods distance
from high-water-mark, next to and on the easterly side of said
island.
84 PUBLIC RECORDS [^I'lJ?
Upon a representation of John LaMa^ence, Esq"", Treasurer
of this Colony, made to this Assembly of sundry balances
said to be due from the several towns in this Colony trans-
ferred from Joseph Talcott, Esq"", late Treasurer, to said
Treasurer Lawrence, as per list of balances, with the reasons
annexed to each how the same become due tfec., asking the
direction of this Assembly concerning the same : Resolved
and ordered by this Assembly, that tlie Treasurer cancel and
discharge all said balances contained in said list, except one
on the list of 1759, on Plainfield execution, granted for
<£16 7 1, money less than due ; one on the list of 1760, on Can-
terbury executions, granted for X24 14 7i, less than due;
one on the list of 1762, on Durham execution, granted for
£10 14 6|, money less than due and indorsed in full ; one
on the list of 1768, against Enfield, cast <£4 13 9 too little ;
w^hich four last-mentioned balances said Treasurer is directed
to collect.
[203] This Assembly do appoint Blihu Chauncey, Esq'", to
be Colonel of the tenth regiment of militia in this Colony, in
the room of Colo. Benjamin Hall, deceas'd.
This Assembly do appoint Elihu Hall, Esq"", to be Lieuten-
ant-Colonel of the tenth regiment of militia in this Colony,
in the room of Lieut. Colo. Elihu Chauncey, promoted.
This Assembly do appoint James Wadsworth, junr. Esq"",
to be Major of the tenth regiment of militia in this Colony,
in the room of Maj"" Elihu Hall, promoted.
This Assembly do establish Thomas Seymour to be Captain
of the troop of horse in the first regiment in this Colony.
This Assembly do establish Return Strong to be Lieutenant
of the troop of horse in the first regiment in this Colony,
This Assembly .do establish Joel Loomiss to be Quarter-
Master of the troop of horse in the first regiment in this
Colony.
This Assembly do establish Medad Webster to be Cap-
tain of the second company or trainband in the town of
Hartford.
This Assembly do establish Israel Seymour to be Lieu-
tenant of the second company or trainband in the town of
Hartford.
This Assembly do establish Joseph Bunce to be Ensign
of the second company or trainband in the town of
Hartford.
This Assembly do establish Nathaniel Cary to be Captain of
the third company or trainband in the .fifth regiment in this
.Colony.
1773.] OF CONNECTICUT. 85
This Assembly do establish Samuel Morgan to be Lieu-
tenant of the tliird company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish John Kingsley to be Ensign
of the third company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Martin Kellogg to be Captain
of the tenth company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Timothy Kilborn to be Lieuten-
ant of the tenth company or trainband in the sixth regi-
ment in this Colony.
This Assembly do establish Fitch Hurlburt to be Ensign of
the tenth company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Mathew Mead to be Captain of
the company or trainband in Wilton Parish in the town of
Nor walk.
This Assembly do establish Daniel Earned to be Ensign of
the twelfth company or trainband in the eleventh regiment in
this Colony.
This Assembly do establish John Carty to be Lieutenant
of the eleventh company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Nathaniel Harriss to be Ensign
of the eleventh company or trainband in the 12th regiment in
this Colony.
This Assembly do establish David Welch to be Captain
of the company or trainband in the parish of Blue Swamp
in the 13th regiment in this Colony.
This Assembly do establish Amos Barns to be Lieutenant
of the company or trainband in the parish of Blue Swamp
in the 13th regiment in this Colony.
This Assembly do establish Theodore Catlin to be Ensign
of the company or trainband in the parish of Blue Swamp
in the 13th regiment in this Colony.
[204] This Assembly do establish Amos Jones to be Cap-
tain of the 20th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish James Ransom to be Lieuten-
ant of- the 20tli company or trainband in the 12th regiment
in this Coloijy.
This Assembly do establish Asahel Ransom to be Ensign
of the 20th company or trainband in the 12th regiment in
this Colony.
86 PUBLIC RECORDS [May,
This Assembl}^ do establish Jonathan Catlin to be Captain
of tlie 11th company or trainband in the 15th regiment
in this Colony.
This Assembly do establish William Heydon to be Lieu-
tenant of the 11th company or trainband in the 15th regiment
in this Colony.
This Assembly do establish Ashbel Skinner to be Ensign
of the 11th company or trainband in the 15th regiment
in this Colony.
This Assembly do establish Abraham Pettibone to be Cap-
tain of the sixteenth company or trainband in the 15th regi-
ment in this Colony.
This Assembly do establish Thomas Brooks to be Lieu-
tenant of the sixteenth company or trainband in the 15th
regiment in this Colony.
This Assembly do establish Titus Bunnel to be Ensign
of the 16th company or trainband in the 15th regiment
in this Colony.
This Assembly do establish Arcelaus Buel to be Lieuten-
ant of the second company or trainband in the town of
Litchfield.
This Assembly do establish Jonathan Mason to be Ensign
of the second company or trainband in tlie town of Litchfield.
This Assembly do establish Stephen Steel to be Captain of
the north company or trainband in the town of Tolland.
This Assembly do establish Amos Fellows to be Lieuten-
ant of the north company or ti-ainband in the town of
Tolland.
This Assembly do establish Stephen Goodyear to be Lieu-
tenant of the 15th company or trainband in the second
regiment in this Colony.
This Assembly do establish Jesse Goodyear to be Ensign
of the 15th company or trainband in the second regiment in
this Colony.
This Assembly do establish Isaac Tracy jun"" to be Captain
of the 11th company or trainband in the town of Norwich.
This Assembly do establish Jacob Witter to be Lieutenant
of the 11th company or trainband in the town of Norwich.
This Assembly do establish Andrew Tracy jun'' to be Ensign
of the 11th company or trainband in tlie town of Norwich,
This Assembly do establish Nathaniel Comstock jun"" to be
Captain of the fifth company or trainband in the town of New
London.
This Assembly do establish Nathaniel Waterhouse to be
Lieutenant of the fifth company or trainband in the town of
New London.
1773.] OP CONNECTICUT. 87
This Assembly do establish Solomon Dart to be Ensign of
the fifth company or trainband in the town of New London.
This Assembly do establish James Huntly to be Captain
of the second company or trainband in the town of Lyme.
[205] This Assembly do establish John Johnson to be
Ensign of tlie second company or trainband in the town of
Lyme.
This Assembly do establish Abner Comstock to be Cap-
tain of the fifth company or trainband in the town of Lyme.
This Assembly do establish William Matson to be Lieu-
tenant of the fifth company or trainband in the town of
Lyme.
This Assembly do establish Jonathan Warner to be Ensign
of the fifth company or trainband in the town of Lyme.
This Assembly do establish Samuel Blackman to be Cap-
tain of the first troop of horse in the fourth regiment in this
Colony.
This Assembly do establish Nathan Wells to be Lieutenant
of the first troop of horse in the fourth regiment in this
Colony.
This Assembly do establish Ezra Kirtland to be Cornet
of the first troop of horse in the fourth regiment in this
Colony.
This Assembly do establish Elnathau Nichols to be Quartei-
Master of the first troop of horse in the fourth regiment in
this Colony.
This Assembly do establish Robert Hawley to be Captain
of the company or trainband in the society of North Strat-
ford in the town of Stratford.
This Assembly do establish Zechariah Coe to be Lieu-
tenant of the company or trainband in the society of North
Stratford in the town of Stratford.
This Assembly do establish David Peat to be Ensign of
the company or trainband in the society of North Stratford
in tlie town of Stratford.
This Assembly do establish Henry Summers to be Captain
of the company or trainband in the northwesterly part of
the town of Stratford.
This Assembly do establish Matliew Mallet to be Lieuten-
ant of the company or trainband in the northwesterly part
of the town of Stratford.
This Assembly do establish Benjamin Nichols to be Ensign
of the company or trainband in the northwesterly part of
the town of Stratford.
This Assembly do establish Stephen Moulton to be Captain
88 PUBLIC RECORDS [May,
of the seventh company or trainband in the fifth regiment
in this Colony.
This Assembly do establish Nathaniel Johnson to be Lieu-
tenant of the seventh company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish Zephaniah Alden to be Ensign
of the seventh company or trainband in the fifth regiment in
this Colony,
This Assembly do establish Ebenezer Walker to be Cap-
tain of the loth company or trainband in the fifth regiment
in this Colony.
Tliis Assembly do establish William Warner to be Captain
of the first company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Hezekiah Bissell to be Lieu-
tenant of the first company or trainband in the fifth regiment
in this Colony.
This Assembly do establish Nehemiah Tinker to be Ensign
of the first company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Isaac Burnham to be Ensign
of the sixth company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Aaron Geer to be Captain of
the 16th company or trainband in the fifth regiment in this
Colony.
[206] This Assembly do establish Melatiah Bingham to
be Lieutenant of the 16th company or trainband in the fifth
regiment in this Colony.
This Assembly do establish Judah Beach to be Ensign of
the 16th company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Silas Dunham to be Captain
of the 17th company or trainband in the sixth regiment in tliis
Colony.
This Assembly do establish Elijah Cook to be Lieutenant
of the 17th company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Abner Smith to be Captain of
the 14 til company or trainband in the seventh regiment in
this Colony.
This Assembly do establish Ebenezer Thomas to be Lieu-
tenant of the 14th company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Samuel Hubbart to be Ensign
1778.] OF CONNECTICUT. 89
of the 14th company or trainband in the seventh regiment in
this Colony.
This Assembly do establish Aaron Orary to be Captain of
the fourth company or trainband in the town of Preston.
This Assemljly do establish Jesse Starkweather to be
Lieutenant of the fourth company or trainband in the town
of Preston.
This Assembly do establish Isaac Morgan to be Ensign of
the fourth company or trainband in the town of Preston.
This Assembly do establish Samuel Belding to be Lieu-
tenant of the troop of horse in the ninth regiment in this
Colony.
This Assembly do establish Daniel St. John to be Cornet
of the troop of horse in the ninth regiment in this Colony.
This Assembly do establish Caleb St. John to be Quarter-
Master of the troop of horse in the ninth regiment in this
Colony.
This Assembly do establish Isaac Quintard to be Captain
of the 12th company or trainband in the ninth regiment in
this Colony.
This Assembly do establish Nathaniel Webb jun'' to be
Lieutenant of the 12th company or trainband in the 9th
regiment in this Colony.
This Assembly do establish Jonathan Whiting to be Ensign
of the 12th company or trainband in the 9th regiment in
this Colony.
This Assembly do establish David Hoit to be Captain of
the company or trainband in the society of Stanwich in the
ninth regiment in this Colony.
This Assembly do establish Simon Ingersoll to be Lieu-
tenant of the company or trainband in the society of Stanwich
in the ninth regiment in this Colony.
This Assembly do establish Mathew Mead to be Captain
of the new erected company or trainband in the town of Green-
wich.
This Assembly do establish Jabez Sherwood jun"" to be
Ensign of the westermost company or trainband in the
town of Greenwich.
This company do establish Richard Kagwin to be Captain
of the sixth company or trainband in the 11th regiment in
this Colony.
[207] This Assembly do establish James Campbell to be
Lieutenant of the sixth company or tx'ainband in the 11th
regiment in this Colony.
This Assembly do establish Moses Campbell to be Ensign
12
90 PUBLIC RECORDS [M;iy,
of the sixth company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Joseph Abbott to be Captain
of the fifth company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Nathan Witter to be Lieuten-
ant of the fifth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Abner Adams to be Ensign of
the fifth company or trainband in the'llth regiment in this
Colony.
This Assembly do establish John Shaw to be Captain of
the 18th company or trainband in the 12th regiment in this
Colony.
This Assembly do establish Increase Crosby to be Lieuten-
ant of the 18th coriipany or trainband in the 12th regiment
in this Colony.
This Assembly do establish Abraham Fitch to be Quarter-
Master of the second troop of hoi'se in the 12th regiment
in this Colony.
This Assembly do establish David Tarbox to be Captain of
the 17th company or trainband in the 12th regiment in this
Colony.
This Assembly do establish Joseph Dewey to be Lieuten-
ant of the 17th company or trainband in the 12tli regiment
in this Colony.
This Assembly do establish Elisha Beach to be Ensign of
the 17th company or trainband in the 12th regiment in this
Colony.
This Assembly do establish Eliphalet Bulkley to be Cap-
tain of the 3d company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Asahel Clark jun"" to be Cap-
tain of the sixth company or trainband in the 12th regiment
in this Colony.
This Assembly do establish James Pinneo jun"" to be Lieu-
tenant of the sixth company or trainband in the 12th regi-
ment in this Colony.
This Assembly do establish Elias Bliss to be Ensign of
the sixth company or trainband in the 12th regiment in this
Colony.
This Assembly do establish Epenetus Piatt to be Captain
of the first company or trainband in the town of New Mil-
ford.
This Assembly do establish ^^njamin Stone to be Lieuten-
1773. J OF CONNECTICUT. 91
aut of the first company or trainband in the town of New
Mllford.
This Assembly do establish William Gaylord to be En-
sign of the first company or trainband in the town of New
Milford.
This Assembly do establish William Cogswell to be Cap-
tain of the company or trainband in the society of New Pres-
ton.
This Assembly do establish Morgan Noble to be Lieuten-
ant of the company or trainband in the society of New Pres-
ton.
This Assembly do establish Jedediah Durkee to be Ensign
of the company or trainband in the society of New Preston.
This Assembly do establish Gad Stanly to be Captain of
the fifth company or trainband in the IStli regiment in this
Colony.
This Assembly do establish John Lankton to be Lieuten-
ant of the fifth company or trainband in the 15th regiment
in this Colony.
[208] This Assembly do establish Elijah Franciss to be
Ensign of the fifth company or trainband in the 15th regi-
ment in this Colony.
This Assembly do establish Joseph Starr to be Captain of
the ninth company or trainband in the 16th regiment in this
Colony.
This Assembly do establish John Dibble jun^ to be Lieu-
tenant of the ninth company or trainband in the 16th regi-
ment in this Colony.
This Assembly do establish Ephraim Barnum jun"" to be
Ensign of the ninth company or trainband in the 16th regi-
ment in this Colony.
This Assembly do establish Gamaliel Northrup to be En-
sign of the first company or trainband in the town of Ridge-
field.
This Assembly do establish John Judson to be Ensign of
the south company or trainband in the town of Newtown.
This Assembly do establish John Strong to be Captain of
the second company or trainband in the town of Torrington.
This Assembly do establish Ebenezer Miller to be Lieuten-
ant of the second company or trainband in the town of Tor-
rington.
This Assembly do establish Nathaniel Hey don junr to be
Captain of the second company or trainband in the town of
Windsor.
This Assembly do establish Samuel Denslow to be Ensign
of the second company or trainband in the town of Windsor.
92 PUBLIC RECORDS [^^y,
This Assembly do establish Joel Loomiss to be Cornet of
the troop of horse in the first regiment in this Colony.
This Assembly do establish Isaac Sheldon to be Quarter-
Master of the troop of horse in the first regiment in this
Colony.
This Assembly do establish Joel Northrup to be Lieuten-
ant of the tenth company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Joseph Coules to be Ensign of
the eighth company or trainband in the 15th regiment in this
Colony.
This Assembly do establish Stephen Norton to be Captain
of the first company or trainband in the town of Durham.
This Assembly do establish James Robinson to be Lieuten-
ant of the first company or trainband in the town of Durham.
This Assembly do establish Simeon Parsons junf to be
Ensign of the first company or trainband in the town of Dur-
ham.
This Assembly do establish Nehemiah Merrell to be Cap-
tain of the eighth company or trainband in the 15tli regi-
ment in this Colony.
This Assembly do establish Noah Kellogg to be Lieutenant
of the eighth company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Josiah Mack to be Captain of
the 15th company or trainband in the 12th regiment in this
Colony.
This Assembly do establish Abijah Rowley to be Lieuten-
ant of the 15th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Samuel Gilbert jun"" to be En-
sign of the 15th company or trainband in the 12th regiment
in this Colony.
[209] This Assembly do appoint William Hawley of Red-
ding a Surveyor of Lands in the county of Fairfield.
This Assembly do appoint Eli Foot' of Guilford to be a
Surveyor of Lands in the county of New Haven.
This Assembly do appoint Samuel Tully of Saybrook Sur-
veyor of Lands within and for the county of New London.
This Assembly do appoint Thomas Silliman of Saybrook
Surveyor of Lands within and for the county of New London.
This Assembly do appoint Appleton Robbins of Weathers-
field to be Surveyor of Lands for the county of Hartford.
Resolved hy this Assewhly^ That Colo. William Pitkin,
Erastus Wolcott, Esq", and Capt. Jonathan Humphry be
1773.] OF CONNECTICUT. 1'3
and they are hereby appointed a committee to view and ex-
plore the Copper Mines at Symsbury, their situation, nature
and circumstances, and to examine and consider, whether
they may be beneficially applied to the purpose of confining,
securing and profitably employing such criminals and delin-
quents as may be committed to them by any future law or
laws of this Colony, in lieu of the infamous punishments in
divers cases now appointed, and at what probable expence the
said mines may be obtained for the purpose aforesaid, and
make report of what they shall find in the premises to this
Assembly.
Resolved by this Assembly, That the Treasurer be directed,
and is hereby ordered, not to put the bonds in suit that are
given by John Merry and Ebenezer Merry, and Simeon Rust
and Joseph Pratt jun'' and Peter Pratt and Joseph Pratt,
given to the Governor and Company of this Colony, until
the rising of this Assembly in May next.
Whereas this Assembly at their sessions in May last ap-
pointed George Wyllys, Erastus Wolcott and Benjamin
Payne, Esq^^, a committee to procure from Great Britain
sixty-four stands of arms &c. at the expence of this Colony,
for the use of the military company called the Governor's
Guard, and to be and belong to the Colony and kept for that
purpose, and said committee having now informed this As-
sembly that they have procured said arms, which are now
ready to be delivered to such person or persons as this As-
sembly shall appoint to receive said arms &c. : Resolved by
this Assembly, that said committee be directed to deliver
said arms and the accoutrements provided and paid for by
this Assembly to the Treasurer of this Colony, and take his
receipt therefor and lodge the same with the Secretary of
this Colony. And the Treasurer. is hereby directed and im-
powered to receive said arms of said committee and to give
his receipt as aforesaid, and that said Treasurer take care of
and cause said arms to be deposited in some convenient safe
place, and that he from time to time, as shall be needful, de-
liver said arms to said company when requested by the com-
mission officers of said company for the purpose of military
exercises to be performed by said company ; and said com
mission officers are hereby directed to take effectual care
that said arms be carefully used by the company under their
command and returned to said Treasurer after said exercises
are over.
[210] Resolved by this Assembly, That John Lawrence,
Esq"", Treasurer of this Colony, purchase a bill or bills of
r4 PUBLIC RECORDS [^^J,
exchange to the amount of one hundred and fifty pounds,
i-terling payable in London, and deliver the same to his
Honour the Governour, who is desired to transmit the same to
Thomas Life, Esq'', the Colony's Agent in England, for
account of the Colony.
An Act foz" the Naturalization of Don Gabriel Sistera.
Whereas Don Grabriel Sistera, a native of Barcelona in the
Kingdom of 8pain, now resident in New London, hath by his
petition preferred to this Assembly prayed to be admitted to
the privileges of his Majesty's subjects within this Colony :
Therefore
Be it enacted hy the Governor, Cou7icil a^id Representatives,
in General Court assembled, and by the authority of the same,
That the said Gabriel Sistera, having taken the oaths of
allegiance, supremacy and abjuration by law appointed, be,
and he is hereby declared to be, naturalized and entituled to
all the privileges, immunities and advantages of his Majesty's
English subjects born within this Colony, as fully and
effectually, to all intents, constructors and purposes whatso-
ever, as though he, said Gabriel Sistera, had been born within
the dominions of and subject to the King of Great Britain :
excepting only such privileges and immunities as bylaw are
not competent to foreigners who have been or are naturalized.
Resolved by this As><embly, That Messrs. Silas Dean,
Richard Alsop, John Chenevard and Capt. William Worth-
ington be, and they are hereby, appointed a committee to
receive the sums to be raised by lottery granted for erecting
buoys and other monuments on Saybrook Bar, for the more
easy and safe navigation over said bar, and having received
said sums the same to lay out for the purpose aforesaid
according to their best discretion. And said committee are
also hereby impowered and directed, if they see cause, to use
and improve for the said purposes the stone remaining of the
old Fort at Saybrook, and their account to render to this
Assembly when said business shall be accomplished or they
required thereto.
Whereas a sum of money is necessary for payment of
incident charges of government :
Be it enacted by the Governor, Council and Representatives,
in General Court assembled, and by the authority of the same.
That there be forthwith imprinted the sum of twelve thousand
pounds in bills of credit on this Colony equal to lawful money,
of suitable denominations, as the committee herein appointed
shall direct, and of the same tenor of the late emissions,
without interest, payable at or before the first day of June,
1773.] OF CONNECTICUT. 95
1775, and dated the first of June next. And William Pitkin,
George Wyllys, Benjamin Payne and Elisha Williams, Esq",
or any three of them, are appointed a committee for the
purpose aforesaid, to take care that said bills be imprinted
with all convenient speed, and to sign and deliver the same
to the Treasurer of this Colony, taking his receipt therefor.
And the said committee shall be sworn to a faithful discharge
of their trust. And the said Treasurer is hereby directed to
pay out said bills according to the orders of this Assembly.
And for providing and establishing an ample and sufficient
fund to call in, sink and discharge the aforesaid sum to
be emitted as aforesaid,
Be it enacted hy the authority aforesaid, That a tax of one
penny on the pound be and is hereby granted and ordered to
be levied on all the polls and ratealDle estate in this Colony,
according to the list thereof brought into this Assembly
in October, 1772, with the additions, which tax shall be
collected and paid into the treasury of this Colony by the
last day of December, 1774 ; also a further tax of one penny
on the pound be and is hereby granted and ordered to be
levied on all the polls and rateable estate in this Colony,
according to the list thereof to be brought in to this Assembly
in October next, with the additions, which tax shall be
collected and paid into the treasury of this Colony by the
first of June, 1775 ; which taxes may be discharged by
paying any of the bills of credit on this Colony or lawful
money. And the Treasurer of this Colony is hereby ordered
and directed to send forth his warrants for collecting the
same accordingly.
[211] Upon the memorial of Eliphalet Dyer, Roger Sher-
man and William Samuel Johnson, representing that having
been appointed a committee of this Assembly to procure a
piece or pieces of plate to be presented to Richard Jackson,
Esq"", and having employed Abel Bewel of New Haven to
make and fashion said plate and advanced to said Buel as
stock for that purpose X38 3 8i, he proceeded therein, but
being unable to finish the same so soon as was wished, and
it appearing to said committee that a large duty would be
payable on said plate if sent from this country to England,
they had disingaged themselves from said Buell and pur-
chased bills of exchange to the amount of the sum granted
by this Assembly for said purpose, and remitted the same to
London, to be there laid out in such plate, and are now
obliged to pay for tlie same, but said Buell is at present
unable to repay said sum so advanced to him as aforesaid,
06 PUBLIC RECORDS [^'laj,
and that a small sum of 13s. 6d. charg'e liath arisen upon tlie
purchase of said bills ; praying that the said sums may be
advanced to them by the Treasurer of this Colony till the
said sum of £38 3 8 J can be collected, at the risque of the
memorialists, of said Buell &c., as per memorial on file:
Resolved by this Assembly, that the said sum of £38 17 4
be advanced to the memorialists by the Treasurer of this
Colony : provided nevertheless, that the said committee shall
repay into said treasury the said sum of £38 3 8k after
having had a reasonable time to collect the same of said
Buell.
Whereas Alexander Graham, a prisoner in the common
goal in the county of Fairfield, stands convicted of burglary
but hath not yet received the punishment by law inflicted for
that offence, and it appears that the said Alexander is a sol-
dier who hath deserted from his Majesty's twenty-eighth regi-
ment, into which he cannot be again received if he should
suffer the legal punishment for the crime aforesaid, and his
Majesty's commander-in-chief hath signified his readiness to
receive the said Alexander, provided he may be sent to him
without any marks of infamy : Resolved by this Assembly,
that the sheriff of the county of Fairfield be, and he is hereby,
directed to deliver the said Alexander Graham to his Majes-
ty's commander-in-chief in America, or to such person as he
shall appoint to receive liim. Provided nevertheless, and it
is hereby further resolved by this Assembly, that if the said
Alexander shall again desert his Majesty's service and be
found in this Colony, that the said judgment and sentence
now in force against him shall be forthwith carried into
execution.
Upon representation being made to this Assembly by James
Harper of East Windsor, that he is now liable to be commit-
ted to goal on two executions in favour of the government,
and that the monies due on said executions is likely soon to
be paid, requesting forbearance &c. : Resolved by this Assem-
bly, that Thomas Seymour, Esq"", King's Attorney for Hart-
ford county, take security for said moneys and interest and
all costs arisen thereon, payable within two months, and
thereupon discharge the executions aforesaid.
Whereas the General Assembly held at Hartford on the
second Thursday of May, 1772, upon the memorial of
Mathew Talcott, Esq'", George Philips and others, inhabitants
of the towns lying upon and adjoining to Connecticut River,
representing that the navigation into and out of said river is
difficult, expensive and dangerous, by reason of bars and
1773.] OF CONNECTICUT. 97
slioals of sand not sufficiently described and known at the
mouth of said river, and that buoys and water-marks may be
erected and maintained on said bars and shoals, so as to ren-
der easy, safe and cheap, the navigation into and out of said
river &c., did resolve that the memorialists should have lib-
erty to set up and carry on a lottery or lotteries, amounting
to such sum as by drawling at least ten per cent, out of each
prize or out of the whole may raise the sum of three hundred
and thirty seven pounds : And whereas it is now represented
to this Assembly that the said sum of three hundred and
thirty-seven pounds will be too small to attain the ends in
said act proposed : Eesolved by this Assembly, that said
[212] memorialists || shall have liberty to set up and carry
on a lottery or lotteries, amounting to such sum as by draw-
ing at least ten per cent, out of each prize or out of the whole
may raise the sum of five hundred and thirty-seven pounds,
and that the same persons named as managers in said for-
mer act shall be managers of this lottery, subject to the same
restrictions, regulations and provisions in said former act
contained and provided.
On the petition of Ebenezer Fitch of Norwich, vs. Elipha-
let Dyer, praying for a committee &c., to whicli the said
Dyer consents and agrees : Whereupon it is resolved, that
Messrs. Jeremiah Miller of New London, and Samuel Mott of
Preston, and Capt. Joseph Trumbull of Lebanon, be and they
are hereby appointed a committee to enquire into the matters
of complaint in said petition mentioned, and also to adjust
and settle whatever of the demands of the said Dyer against
the said Pitch, which they shall judge have not already been
fairly and reasonably adjusted, settled and closed ; and fur-
ther to take into consideration the matter of complaint of
the said Pitch in said petition, respecting the lands the said
Dyer attached of the said Fitch, and the said Pitch afterward
conveyed to the said Dyer in payment and satisfaction of the
debts and demands the said Dyer had and has against the
said Fitch upon the agreement of the said Dyer with the said
Fitch entered into on the account of the said Dyer's taking
said lands according to their written agreement lodged with
Samuel Huntington, Esq'', for that purpose, and all subsequent
transactions of the said Dyer relative thereto, as also the
whole conduct and transactions of the said Pitch and Dyer
about tlie same lands since the said Dj^er's attaching the
same, as also the truth of the matters complained of in said
petition ; and tlieir report thereof make with their opinion of
what they esteem to be just and right from either of the par-
is
98 PUBLIC RECORDS [^^aj,
ties to the other on the premises, to the General Assembly at
their sessions at New Haven in October next.
Upon the petition of Samuel Grant and John Kneeland of
Boston, against Samuel Tozer of Colchester and Silas Dean
of Weathersfield, preferred to this Assembl}' at their sessions
in May, 1771, representing to said Assembly that the peti-
tioner had taken by executions and attachments certain lands
of the said Samuel Tozer lying in said Colchester, and had
the same apprized off in full satisfaction of thi'ee several
judgments for debt in their favour against said Tozer; that
said Tozer held said lands by deed of release from said Silas
Dean, and that said Tozer after said executions were levied
procured said deed to be destroyed unrecorded, in order to
defraud and defeat your petitioners of their said debts &c. ;
praying for relief &c., as per petition on file ; said Assembly
at their session in May last appointed Joshua West, Benja-
min Huntington and Samuel Selden, Esq", a committee to
enquire into the facts alledged in said petition and make
report according to law : And whereas said committee have
made report to this Assembly at their session in October last,
that said Silas Dean in pursuance of a decree of the General
Assembly executed a deed of release to said Samuel Tozer
of the lands afterwards taken by said execution, and deliv-
ered said deed to John Waters, Esq', the town-clerk of said
Colchester, said deed bearing date the 25th day of July, A.D.
1769, and gave notice thereof to the petitionees attorney,
who secured him X14 therefor; that the petitioners, hav-
ing levied their said executions, brought their action of dis-
seizin and recovered the possession tliereof ; that said Tozer
afterwards, with design to defeat the title of the petitioners
to said lands, ordered said deed to be taken up out of the
hands of said town-clerk unrecorded and delivered back to
said Silas Dean, and that said Dean received and destroyed
said deed, the same having never been recorded, and that said
Tozer hath no other estate to satisfy said executions &c. ; and
thereupon said committer further report as their opinion,
[213] that in justice and |j equity a copy of said deed of
release which your petitioners procured attested by said John
Waters, Esq', while said deed lay in his hands ought to be
recorded in the town records in said Colchester, and a copy
of such records admitted as evidence in any court &c., as by
said memorial and report o.u file more fully appears, which
report is by this Assembly approved, and the same is hereby
approved and accepted : And thereupon it is further resolved
by this Assembly, that the town-clerk of said town of Col-
1773.] OF CONNECTICUT. 99
Chester may and do receive said copy of said deed of release
from said Silas Dean to said Samuel Tozer, bearing date
the aforesaid 25tli day of July, 1769, and record the same at
full length in said town recopds of Colchester, and that the
same being so recorded, or an attested copy of such record,
shall and may be admitted and given in evidence in any
court of law or equity, as evidence of a legal transfer of the
title of the lands therein contained from said Silas Dean to
said Samuel Tozer, in the same manner as said original deed
miglit have been given in evidence had the same been duly
recorded.
Upon the petition of Ralph Pomeroy and Eleazer Pomeroy,
both of Hartford in Hartford county, against Pantry Jones,
Abigail Kilborn and Peletiah Pierce, all of said Hartford,
sliewing that the said Eleazer had executed,to said Abigail
on the 29th dav of July, 1763, two notes of hand, one
for the sum of X120 0, and tlie other for 112 16 0, all
lawful money, which two notes, on the 27th day of August,
1764, were put in suit, by which your petitioners estate,
goods and chattels were taken by said Jones and Pierce of
more value tlian sufficient to pay the same, which they, the
said Jones and Pierce, by consent of said Abigail have sold
and disposed of, and converted to their own use, or lost and
destroyed, and refuse to apply the same, and new actions
hav^e been brought against said Eleazer on the same, in one
of which there is a judgment rendered, and the other is still
depending in court; that your petitioners have brought their
action for the goods and chattels aforesaid against said Jones
and Pierce, which is also depending in court, that your petition-
ers may be allowed the interest for said goods &c. : Resolved'
by this Assembly, that Oliver Wolcott of Litchfield, Elihu
Chauncey of Durham, and Richard Alsop of Midletown, Esq",
be and they are hereby appointed a committee with full power,
to call said parties together and fully toJiear and examine
them concerning the said taking, converting, losing or de-
stroying said goods and chattels, and the interest thereon,
and concerning one of said notes, (to wit,) that which is now
depending in court, the other being sold, and make their
report of what they find in the premises, and their opinion of
what in equity and good conscience ought to be done, to this
or the next next General Assembly to be holden at New
Haven in October next.
Upon the petition of James Merret, of Barkhamsted in
the county of Litchfield, representing that Jonathan Petti-
bone of Symsbury in the county of Hartford, one of the
100 PUBLIC RECORDS [May,
proprietors of the common and undivided lands of said Syms-
bury, and the rest of the proprietors of the common and
undivided lands in said Symsbury, broug-ht their action
against the petitioner by writ, dated the 11th day of April,
1770, to the county court held at Litclifield in the county of
Litchfield on the fourth Tuesday of April, 1770, which action ■
by sundry legal removes came to the superior court held in
said Litclifield on the last Tuesday save two of August, 1772,
at which court judgment was rendered in favour of said pro-
prietors against the petitioner for the surrendry of the land
demanded in said writ and cost ; complaining of error in said
judgment of said superior court : Eesolved by this Assembly,
that said superior court in proceeding to and rendering the
said judgment complained of manifestly erred and mistook
the law, and the said judgment of said superior court is
hereby reversed and set aside, and that the petitioner recover
his damages sustained by means of said erroneous judgment,
being the sum of <£7 2 0, lawful money; and the Secretary
is hereby authorized and directed to issue an execution in
favour of the petitioner against said Jonathan Pettibone and
the rest of the proprietors of said common and undivided
lands for said sum. Ex. granted Decmn. 21si, 1773.
[214] Upon the petition of Phineas Lyman, Escf, against
Ebenezer Allyn, Esq% &c. : It is resolved and ordered by this
Assembly, that the Treasurer of the Colony pay the peti-
tioner the sum of XllO 3 4, and the interest thereon from
the 16th of February, 1763, to this time, and the Treasurer
is hereby ordered to pay the same accordingly. And Josiah
Bissell, Richard Alsop and Isaac Lee, Esq'^, are appointed a
committee to hear, examine and report to the next General
Assembly the matter alledged in said petition, so far as con-
cerns the order therein mentioned drawn on one Enos Lane
for <£450 0, on which is said to remain due the sum of
£74 ; and the further consideration of the said petition
is referred to the General Assembly to be held at New Haven
in October next.
Upon the petition of Samuel Talcott, Esqs and others,
creditors to the estate of William Nichols late of Hartford,
deceas'd, shewing that James Nichols, brother of the said
William, was bound for him, the said William, in a large
sum, that for his indemnity he took a bond of the said Wil-
liam and a deed of sundry valuable pieces of land in said
Hartford, that the said James still insists, notwithstanding,
to be let in as a creditor in fnll upon said bond without any
allowance for said lands, and thereby delays the settlement
1773.] OF CONNECTICUT. 101
of said estate among said creditors, which is insolvent ; y,)ra3^-
ing for a committee &c. ; whereupon a committee has been
appointed, who have now reported that said lands were
deeded to the said James as an indemnity for his becoming
bound &G., and that the sums by him paid for the said Wil-
liam surmount the value of said lands the sum of £74 4 0,
lawful money, &c., which said report of said committee is
now accepted and approved &g. ; and the said James now
further moves and claims that said lands were also deeded to
him to secure him further sums due as he says from the said
William's estate which were not considered by said commit-
tee &G. : Resolved by this Assembly, that the court of pro-
bate allow to the said James the said sum of £74 4 0, and
enter the same with the rest of the creditors of said estate,
and make out to him his average thereon accordingly. And
it is also further resolved and ordered, that the said James
may, and liberty is hereby granted to him, to call out the
same committee aforesaid, at his own expence, to hear him
upon his further claim against said William's estate, and
they are hereby appointed for that purpose ; and if they shall
find anything further due to him 'thereon, that they do
exhibit the same to the said judge of probate, who shall
receive and enter the same as aforesaid in the same manner
as though the same had been by the commissioners appointed
upon said estate at first.
Upon the petition of Robert McLeave of Chatham in said
Colony, against Joseph Church jun'" and Barnabas Hinsdale,
both of Hartford in said Colony, administrators of the goods
and estate of Samuel Farnsworth, late of said Hartford,
deceas'd, preferred to this Assembly at their sessions in May,
1772, shewing that said Samuel at his death was largely
indebted on book and sundry notes to him, and that he was
likewise indebted to said Samuel on two judgments, one in
favour of said Samuel obtained before the adjourned county
court holden at Hartford on the fourth Tuesday of June,
1765, for X14 4 9.^ damages and £1 5 1 costs of suit, on
which said administrators have brought a scire facias against
said McLeave, the other for about <£14 in favour of one
Pettibone, which said Farnsworth had purchased ; praying
that said administrators may be compelled to discount and
offset said mutual debts ; on which petition Elihu Chauncey
and Erastus Wolcott, Esq^^ and Capt. Dyer Throop, a com-
mittee appointed in said May sessions, 1772, on said petition,
having now reported that said Farnsworth at his death was
justly indebted to said McLeave on book and notes in the
102 PUBLIC RECORDS [-^I'lji
sum of =£41 13 li, lawful mouej, aud that said McLeave
was indebted to said Faruswortli on said two executions or
judgments and on book the sum of <£40 15 10^, and that
said debts ought to be offset and discounted against each
other, as per report on file, which report is now accepted and
approved : Resolved by this Assembly that said mutual
[215] debts shall be || offset and discounted against each
other, and that said administrators, upon said McLeave's re-
leasing and discharging them from his said notes and
books, shall release and discharge him from any demands
they have against him on said two judgments and on said
deceased's book accounts, and that said scire facias com-
menced and depending against said McLeave at law shall
cease and be no further prosecuted.
Upon the petition of Gurdon Saltonstall,Esq'', preferred to
this Assembly at their sessions in May, 1772, praying for an
act of insolvency <fec., on which petition in October last
Ebenezer Williams, David Burr and John Brooks, Esq''^ were
appointed a committee to enquire into the matters in said
petition alledged, and make report &c. ; and said committee
having now made report to this Assembly at their present
sessions, which report is not accepted by this Assembly :
Resolved by this Assembly, that the said committee be reap-
pointed, and they are hereby reappointed on said petition, and
directed again to notify all concerned, and re-examine the
several matters in said petition contained, with the peculiar
circumstances of the attaching creditors, and their report
make of what they shall find in the premises, with their
opinion thereon, to this Assembly at their sessions in Octo-
ber next ; and the further consideration of said petition is
referred to that time ; and that the person and estate of the
said Gurdon Saltonstall, Esq"", shall not be liable to any
arrests for any debt due from him before the date of said
petition until after the rising of the Assembly in October
next.
Upon the petition of Richard Alsop, of Midletown in
Hartford county, preferred to the General Assembly held at
Hartford on the second Thursday of May, 1772, shewing that
Samuel Farnsworth, late of said Hartford, deceased, at his
death was indebted to him in the sum of ninety-seven pounds
ten shillings, lawful money, and that he owed said Samuel
ninety-seven pounds ten shillings, lawful money, for a loss on
a certain policy of insurance, and praying that Joseph Church
jun'' and Barnabas Hinsdale, both of said Hartford, adminis-
trators of tlie estate of said Samuel, may be decreed and
1773.] OP CONNECTICUT. 103
ordered to offset said debts against each other ; on which
petition Elihu Chauncey and Erastus Wolcott, Esq''% and
Capt. Dyer Throop were by said Assembly in May last
appointed a committee to examine and report &c., who have
now reported that said Alsop owed said Samuel at his death
£97 10 0, lawful money, and that said Farnsworth at his
death was justly indebted to said Alsop in the sum of <£lll
7 li, lawful money, and that said debts ought to be dis-
counted and offset against each other, as per report on file,
which report is now accepted and approved : Resolved by
this Assembly, that said mutual debts shall be discounted and
offset against each other, and that said administrators of said
Farnsworth, upon said Alsop's discharging them from his
said debt against said Farnsworth, shall release and discharge
him, said Alsop, from all demands they might have against
him on said policy of insurance.
Upon the petition of Silas Dean against Joseph Forbs,
John Lawrence, Roger Newberry, Esq'', and Capt. George
Pitkin are hereby reappointed a committee to hear and
examine said petition and to make report to the General
Assembly in October next.
Upon the petition of John Braddick of New London,
against Ezekiel Fox and others his creditors, praying to be
freed from imprisonment &c., as per petition on file : Resolved
by this Assembly, that Messrs. James Mumford, John Hartell
and Silas Church, of New London, be and they are hereby
appointed a committee to hear, examine and report on the
matters alledged in said petition, and the petitioner in the
meantime shall not be liable to any arrest for debts from him
due at the time of preferring said petition.
[21ti] Upon the petition of Elisha Royce of New Haven,
praying for an act of insolvency in his favour &c. : Resolved
by this Assembly, that the consideration of said petition and
the report of the committee thereon be continued to the ses-
sion of this Assembly in October next ; and the body and
estate of the said Royce is hereby protected from any arrest
or imprisonment, either on mesne process or execution, for
any debt now due and owing from the said Royce to any of
his creditors, parties to this petition, till the rising of this
Assembly in October next.
Upon the petition of Solomon Clark against William Hall :
Resolved by this Assembly, that said petition be and the same
is hereby continued to the General Assembly to be held at
New Haven on the second Thursday of October next, and
that the judgment, execution and action mentioned in said
104 PUBLIC RECORDS [May,
petition be and they are hereby suspended to the rising of
said Assembly.
Upon tlie petition of Joshua Phelps, of Harwington in
Litchfield county, against Joseph Webb, of Weatherfield in
Hartford county, and others, shewing to this Assembly that
by reason of great losses and misfortunes he has now become
unable to pay all his just debts in full ; praying for relief, as
per petition on file : Resolved by this Assembly, that John
Strong, Abijah Catlin and Epaphras Sheldon, Esq'', be and
they hereby are appointed a committee to hear and examine the
matters alledged and referred to in said petition, and make
their report thereon according to law ; and the person and
estate of the said Phelps is hereby freed and protected from
any arrest or imprisonment, either on mesne process or exe-
cution, for any debt now due and owing from said Phelps to
any person or persons, parties to this petition, until the rising
of this Assembly in October next.
Upon the petition of Elisha Seymour against Joseph Tal-
cott, Esq% alledging that as collector of the Colony tax for
the year 1762, he paid to the petitionee, then Treasurer, £28
18 8i, money, for which he had no credit &c. ; upon which
petition a committee was appointed, who report that they do
not find that said sum was ever paid to the petitionee, as per
report on file, and said rej3ort being accepted : It is resolved,
that the petitioner take nothing by his petition. Cost allowed
respondent is <£8 14 0. ^x. granted July 19^A, 1773.
Upon the petition of John Hotchkiss, of New Haven in the
county of New Haven, shewing to this Assembly that from
the year 1752 until the year 1764, he, together with Hezekiah
Hotchkiss then in company, had large dealings with John
Eliott, Esq"", late of said New Haven, during which time he
sold to said Eliott shop articles, together with provisions,
lumber &c., to the amount of £1649 16 3^, old tenor, before
the beginning of the year 1766, and since that time in lawful
money to the amount of X29 19 5, and that said Eliott being
a merchant about the 30th of January, 1754, sold and deliv-
ered to the petitioner and said Hezekiah in company in goods
to the value of £1000 0, old tenor, for which the petitioner
and said Hezekiah gave their note or obligation to said Eliott
payable with interest ; that it was the mutual understanding
of the parties that the goods sold by the petitioner and said
Hezekiah to said Eliott as aforesaid should go in payment of
said note; that, notwithstanding, said Eliott had put said
note in suit against the petitioner; praying that said book-
debt duly supported go in payment of said note, as per
1773.] OF CONNECTICUT. 105
petition on file ; upon which John Whiting and Samuel
Bishop junr, Esq'"^ and Mr. Thomas Howell were appointed
a committee, who find that on the 31st day of December, 1755,
the accounts of said company and the petitioner's account
against said Eliott amounts to <£1649 16 3|, money old tenor,
which over balances all said Eliott's account and note, and
also leaves a considerable balance in favour of the petitioner,
who are of opinion said book-debt ought to be applied in pay-
ment of said note, which report is accepted: And it is there-
[217] upon II resolved by this Assembly, that said book-debt of
£1649 16 82, or so much of the same as is sufficient to
balance said note of £1000 in favour of said Eliott, be
applyed in payment thereof, and the same is hereby decreed
to go in payment and satisfaction of said note accordingly;
and a copy of this resolve shall be full evidence of the same
both in court and country ; and that no cost shall be allowed
in court in the case depending on said note to either party.
Whereas Charles Caldwell, of Hartford in Hartford county,
hath preferred his petition to this Assembly against James
Caldwell of Hartford, complaining of sundry matters and
doings of said James against him, and there not being time
to hear the same now: Resolved by this Assembly, that said
petition be continued, to be heard before the General Assem-
bly of the Colony of Connecticut to be convened at New
Haven on the second Thursday of October next, and that all
proceedings on the matters therein alledged and complained
be suspended in the mean time.
Upon the petition of Samuel Stone Butler of Harwington :
Resolved by this Assembly, that the consideration of said
case with the report of the committee thereon be and the
same is hereby continued to the session of said Assembly in
October next; and the person and estate of said Butler is
hereby protected from any arrest or imprisonment, either
on mesne process or execution, for any debt now due from
said Butler to any of his creditors, parties to this petition,
till the rising of this Assembly in October next.
Upon the petition of Reynold Marvin, of Litchfield in
Litchfield county. Esq"", shewing that he is now indebted to
divers persons in considerable sums, which he is at present
unable to pay ; praying for relief in the premises : Oliver
Wolcott, Increase Mosely and Daniel Sherman, Esq*^^, are
hereby appointed a committee to look into and hear all the
matters mentioned and referred to in said petition, and their
report of what they find in the premises with their opinion
thereon to make to this Assembly at their sessions in Octo-
14
106 PUBLIC RECORDS [^''J?
ber next ; and the body and estate of the said Marvin is
hereby protected and freed from any arrest or imprisonment,
either on mesne process or execution, for any debt now due
and owing from said Marvin to any creditor or creditors,
parties to this petition, until the rising of this Assembly in
October next.
Upon the petition of Ezekiel Pierce against Samuel Stew-
ard : Resolved by this Assembly, that Jabez Fitch, William
Williams and Elisha Payne, Esqr% be and they are hereby ap-
pointed a committee to enquire about the receipt of twenty-
nine pounds one shilling taken for money paid by the peti-
tioner to William Robertson on said execution in said petition
mentioned, and about said receipts being lost and any mis-
take in not allowing the same made by said arbitrators in
said petition mentioned, and every thing and matter relative
thereto, in order that justice may be done, and report thereof
make according to law, with their opinion thereon.
31emorandum : Ezekiel Pierce, of Plainfield in the county
of Windham, preferred his petition, dated the 15th day of
April, 1771, against Samuel Steward, of Voluntown in the
county of Windham, which is now lying before the Assembly
to be heard &c. The petitionee moved that bond for prose-
cution &c. on the part of the petitioner might be given, which
motion is allowed of, and thereupon the petitioner, said
Ezekiel Pierce, and Thomas Moffatt, Esq"", of Killingley in
said Windham county, appeared before this Assembly and
acknowledged themselves to stand bound and indebted,
jointly and severally, to the Treasurer of the Colony of Con-
necticut in the sum of thirty pounds, lawful money, to be
paid to said Treasurer upon condition that the petitioner, the
said Ezekiel Pierce, doth not prosecute his said petition to ef-
fect and shall not answer all damages if he make not his plea
good.
[218] Whereas upon the petition of Ebenezer Keeny and
Judson Burton, both of Darby in the county of New Haven,
late merchants in company, otherwise called Keeny & Bur-
ton merchants in company, against Joseph Jackson &c., rep-
resenting that by various losses in trade and divers misfor-
tunes they are reduced in their affairs and become unable to
pay their just debts, and praying for an act of insolvency in
their favour &c., Joseph Hull, Charles French, Esq''% and
Capt. John Wooster, all of said Derby, were by this Assem-
bly in October last appointed a committee to examine and
consider the matters in said petition contained and relative
thereto, which committee have reported a state of tlie affairs of
1773.] OF CONNECTICUT. 107
said company, by which it appears that the debts due from
said company amount to the sum of £508 19 6.^, and their
credits and personal estate to .£357 14 7^, so that there is a
balance against said company, and they are insolvent in the
sum of <£151 1 lOf, which has been occasioned by great
losses at sea and grievous sickness in the families of the pe-
titioners, and said committee have given it as their opinion,
that said petitioners upon their delivering up all their estate
for the benefit of their creditors ought to be discharged from
their said debts &c., as per said report on file appears ; which
report is accepted and approved with this alteration, that the
future estate which may be acquired by the petitioners be
liable and subject to the payment of said debts : It is there-
upon resolved and by this Assembly enacted, that Joseph Hull,
Charles French, Esq''*, and Capt. John Wooster, all of said
Darby, be and they are hereby appointed trustees, with full
power and authority to receive from said Keeney & Burton a
conveyance of all their estate and effects of what nature
soever, for the use and benefit of their creditors ; and upon
said petitioners delivering and conveying to said trustees all
their estate and effects with all their papers and accounts re-
lating to any debts due to them, for the aforesaid use, they
are hereby impowered and directed to proceed with and dis-
pose of said estate and effects in the same manner as
trustees appointed by force of a late law of this Colony passed
in the General Assembly liolden at Hartford in May, 1765,
entituled An act for preventing fraud in debtors and for
securing the effects of insolvent debtors for the use of their
creditors and for the equitable division of the estates and
effects of such debtors to and among their creditors, were
enabled and directed to proceed with and dispose of the
estates of insolvent debtors; and that the said Keeney &
Burton, and each of them, be and they are hereby entituled
to all the benefits, privileges and freedom from arrests which
insolvent debtors, conforming to said act, are entituled to ;
and that this resolve and act shall be a sufficient warrant to
any officer to discharge them or either of them from any
arrest on account of any such debt or debts.
Upon the petition of Josiah Phelps, against John Lewiss
&c. : Resolved by this Assembly, that the consideration of
this petition be and the same is hereby continued to the
General Assembly to be held at New Haven on the second
Thursday of October next, and that said judgment and
execution be and they are hereby suspended until the rising
of said Assembly.
108 PUBLIC RECORDS [May,
Upon the petition of William Pitkin, Esq"", of Hartford,
late sheriff of the county of Hartford, shewing that in the
month of January, 1765, an execution was issued by the
then Treasurer of this Colony against one Jonathan Chipman
of Salisbury, one of the constables of said Salisbury and
a collector of the Colony tax, for the sum of <£307 1 9,
lawful money ; that said execution was afterwards delivered
to the petitioner, then sheriff as aforesaid, who delivered the
same into the hands of his deputy, Capt. John Coleman late
of said Hartford, deceas'd ; that there was nothing paid
thereon to him or his said deputy, and that since said
execution by some accident or other is lost and cannot be
found; praying for a committee &c., as per memorial &c.;
whereupon a committee has been appointed to examine and
report &c., and said committee having now reported that
[219] said execution is probably lost, that the same was ||
issued for said sum of X307 1 9, at first against said Chip-
man, that there is now due from him as a collector aforesaid
the sum of X257 2 4, including the lawful interest to the
first day of May, 1773 &c., which said report is now accepted
and approved etc. : Resolved by this Assembly, that the
Treasurer of this Colony do and shall issue an execution
in common form against the said Chipman, collector as
aforesaid, for the sum of X257 2 4, lawful money, with
the interest thereon from the first of May instant, and that
the same go forth against him accordingly as so much
yiet remaining due from said town of Salisbury on the rate
assigned to him to collect.
Upon the petition of Joseph Church, Elihu Humphry,
Asaph Humphry and Nathaniel Humphry, against Rachel
Dowe, Andrus Howe and Lidea Dowe, of Albany, executors
of the last will aud testament of Volkert Dowe late of said
Albany, deceased, shewing to this Assembly that said execu-
tors before the superior court held at Hartford on the first
Tuesday of March, 1770, recovered a judgment against the
petitioners for the sum of £278 10 10, York money, damages,
and £1 19 6, lawful money, cost of suit, upon a note given
by the petitioners to said Volkert deceas'd in his life time,
when a considerable part of said note was paid to said
Yolkert in his life time by peltry, furs &c., which by the
sudden death of said Volkert were not by him endorsed &c.,
as per petition on file ; on which petition a committee was
appointed to examine the facts alledged in said petition and
report &c.; which committee report that they, having duly
heard and examined the several matters .alledged in said
1773.] OF CONNECTICUT. 109
petition, find that there has been sundry payments made
to said deceas'd in his life time in peltry, fur &c., which has
not been applyed, and having carefully examined said ac-
counts, note, and computed the interest thereon to the first
day of Nov. 1772, are of opinion that there is due to the
estate of said Volkert deceas'd the sum of =£129 12 6, New
York money, on said execution with the cost therein con-
tained and officer's fees thereon, and no more, which is
the whole that is due to the estate of said deceased from
the petitioners on any account ; which report being accepted :
It is resolved and ordered by this Assembly, that the peti-
tioners, upon their paying to said executors said sum of
.£129 12 6, New York money, damages, contained in said
execution, a.nd the cost and officer's fees thereon, be and
they are hereby discharged from the remainder of the
sum contained in said execution ; and said executors are
allowed to inforce said execution against said petitioners
only for said sum of X129 12 6, York money, damages,
and the cost therein and officer's fees thereon.
Upon the petition of Clement Minor of Stonington, against
David Dewey and others, his creditors, preferred to this
Assembly in May, 1772, representing that by losses he is
rendered unable to pay his just debts ; praying to be freed
from arrests &c. for any debts from him owing &c., as per
memorial on file ; on which petition Charles Phelps and
Stephen Babcock, Esq^^, and Capt. Phineas Stanton were
appointed a committee to hear, examine and report accord-
ing to law, who have reported to this Assembly, that by
various misfortunes he is become unable to pay his just
debts ; that he is indebted to sundry persons to the amount of
X160 0; that his whole estate, exclusive of his household
furniture, does not exceed X28 8 0, L. money, and about
X738 6 10, old tenor, being in small debts due to him in
this and Rhode Island Colony, most of which are probably
not collectible ; that his household furniture does not exceed
the value of X40 ; which report is accepted and approved
by this Assembly : And it is thereupon resolved, that the
petitioner by a legal instrument under his hand and seal
duly executed shall assign and make over unto Stephen
Babcock, Esq^, and Capt. Phineas Stanton, trustees for that
purpose hereby appointed and impowered to receive such
assignment for the use of his creditors, all his estate real
and personal, both in law and equity, except his said house-
hold furniture. And upon such assignment being made
accordino; to the true intent of this act and a certificate
110 PUBLIC RECORDS [Maj,
tliereof under the hands of said trustees being given, tlie
petitioner shall not be liable to any arrest or imprisonment
for or on account of any debts by him owing on the 6th day
of May, 1772, being the time when his said petition was
preferred to this Assembly. And a copy of this act and a
certificate under the hands of said trustees shall be a suffi-
I 220] cient warrant to discharge the || petitioner from such
arrest. And tlie said trustees are hereby irapowered to
proceed in the settlement of the estate of said insolvent
in the same manner as trustees appointed by a late act
of insolvency in this Colony were impowered to proceed :
provided nevertheless, that the future estate of said insolvent
shall be subjected to the payment of his debts.
Upon the petition of Philip Daggett, of New Haven in
the county of New Haven, shewing to this Assembly that he
has been a person in trade, and by reason of sickness and
oHier misfortunes he hath become insolvent and unable to pay
the whole of his debts ; that he is indebted to sundry persons
and is under confinement in goal ; praying that trustees may
be appointed for the purpose of receiving his estate for the
benefit of all his creditors, and that he be afterwards freed
from any arrest of his body &c., as per petition on file; on
which John Whiting, Daniel Lyman and Samuel Bishop jun'',
Esqrs, were appointed a committee, who find that the peti-
tioner is unable to pay his just debts, and are of opinion that
he should be exempted from any imprisonment or arrest of
his body on account of any debt which he owed at the time
of preferring his petition, as per report on file, which report
is accepted : And it is thereupon resolved by this Assembly,
that said Daggett make an assignment upon oath of all his
estate both in law and equity unto John Whiting, Daniel
Lyman and Samuel Bishop jniv, Esqi's, all of New Haven, who
are appointed trustees for that purpose for the benefit of all his
creditors in proportion to their several demands ; and that
upon said Daggetts assigning over his estate as aforesaid he
be released and discharged from his present confinement,
and be hereafter freed and exempted from all and every
arrest of his body for or on account of any debt due or owing
from him at the time of preferring his petition ; and that
such estate as he may hereafter acquire be liable and subject
to the payment of his debts.
Upon the petition of Ebenezer Martin, of Ashford in
Windham county, presented to the General Assembly held at
Hartford in May, 1772, shewing to said Assembly that by
reason of misfortunes, sickness and otherwise, he was
177:^.] OP CONNECTICUT. Ill
reduced to a state of poverty and unable to pay his debts,
and praying- that he might he liberated from all arrest for his
said debts on his delivering his estate into the hands of trus-
tees for the benefit of his creditors &c. : whicli petition was
continued to the Assembly held at New Haven in October,
1772, at which time said Martin had liberty to cite in his
creditors to said October Assembly, to shew reason, if any
they had, why the prayer of said petition should not be'
granted, and said Martin's creditors were duly cited accord-
ingly ; at which Assembly said Martin appeared to prosecute
his said petition, and no objection being made, said Assembly
appointed Messrs. Edmund Freeman, Constant Southworth
and Elijah Fenton a committee to enquire into the matters
of said petition and to make report of what they should find
with their opinion thereon ; which committee having under-
taken said trust have reported to this Assembly, that they
gave due notice to said Martin's said creditors, and liaving
met according to said notice, that sundry persons appeared
and exhibited their particular accounts of debts due to them
respectively from said Martin, amounting in the whole to the
sum of £ , lawful money, on several obligations to
the persons in said report mentioned, and interest on tlie
obligations given therefor ; and said committee further report,
that they have examined said Martin under oath respecting
his estate, and that they find it to consist of two acres and
147 rods of land lying in Ashford aforesaid, one acre and five
rods of which including his dwelling-house is mortgaged to
Benjamin Walker of said Ashford for about <£12 0, lawful
money, the whole of which land and house is valued at
X60 0, lawful money, and two notes of hand to him, both
(221] amounting to £20 6 0, lawful money, || with interest
from each of their respective dates, which said committee
report is all the estate they find said Martin is possessed of,
except an old mare and some few articles of household fur-
niture which they judge necessary for his support ; and said
committee further report, that as said Walker's debt is well
secured by said mortgage, it is their opiniou that said Walk-
er's debt be first paid out of said Martin's said estate, and
thereupon said Walker ought to be obliged to reconvey said
mortgaged land for the use of said creditors ; and said com-
mittee also report it is their opinion, that it is reasonable, on
said Martin's delivering all his aforesaid estate, excepting as
before excepted, for the benefit of his said creditors, that his
person should be forever hereafter liberated and freed from
all, every or any arrest, attachment or imprisonment, for or
112 ' PUBLIC RECORDS [^^aj,
on account of any of his said debts now due to any and every
of his aforementioned creditors, as by said petition, acts of
Assembly thereon, and said committee's report on file do
appear, which said report is by this Assembly approved and
accepted : Whereupon it is resolved by this Assembly, that
the petitioner by some proper conveyance to Messrs. Edmund
Freeman of Mansfield and Elijah Fenton of Willington, who
are hereby appointed trustees for that purpose, convey and
assign over all his aforesaid real and personal estate, except-
ing as in said report is excepted, for tlie use and benefit of
his said creditors, and that said trustees having so received
said estate do pay to said Walker said sum for which said
house and one acre and five rods of said land were mortgaged
to him, and that upon said trustees paying or tendering to pay
to said Walker said sum said Walker be obliged by some
proper conveyance, within two months next after said pay-
ment or tendery, to convey to said trustees said mortgaged
estate for the purpose aforesaid, or within said term pay to
said trustees the sum of £90 0, lawful money, for the use
and benefit of said creditors ; that said trustees, upon said
Walker's neglect and refusal to convey said mortgaged lands
or pay said £90 0, as aforesaid, be and they are hereby
impowered to sue for and recover said sum of £90 0, for
the use of said creditors, by proper action by them brought
for that purpose, and that said estate being so conveyed and
assigned such trustees are hereby impowered to proceed with
and dispose of said estate in the same manner as trustees
appointed by force of a late law of this Colony in May, 1765,
entituled An act for preventing fraud in debtors and for
securing the effects of insolvent debtors for the use of their
creditors and for the equitable division of the estates and
effects of such debtors to and among their creditors, were
enabled and directed to proceed with and dispose of the
estate and credits of insolvents ; and that the petitioner
thereupon be and hereby is entituled to all the benefits, priv-
ileges and freedom from arrest which insolvent debtors con-
forming to said act were entituled, and that he be freed and
discharged, and he is hereby declared to be not liable unto
any arrests, attachment or imprisonment, for any of his
debts now due to any of his aforesaid creditors.
Upon the petition of Joshua Belding, Robert Wells and
Joshua Andruss, of the society of Newington in the town of
Weathersfield in the county of Hartford, and the rest of the
inhabitants of said society, against David Smith and Hannah
Smith his wife, both of Hadly in the county of Hamshire and
1773.] OF CONNECTICUT. 113
Province of the Massachusets Bay, shewing that Mary
Willard of said Newington, late deceased, on the 17th day of
May, 1759, made and executed her last will and testament,
and therein gave and bequeathed a legacy of eighty pounds,
lawful money or the value thereof, to be improved forever,
that is the yearly value thereof, for the encouragement of
schooling in said society, or for the benefit of the poor, at the
direction of the Rev^ Joshua Belding, Capt. Robert Wells
and Deacon Joshua Andruss of said society, and their suc-
cessors, as a committee for said purpose, to be chosen or
appointed by the surviving two when one of them shall be
removed by death, and so said committee to be continued ;
since which said Mary died and said will has been duly
proved and approved, and that all the debts and legacies of
said Mary deceas'dare paid except said eighty pounds legacy,
and that there is no personal estate of said Mary deceas'd
wherewith to pay said legacy ; as per petition on file, on
which a committee were appointed, who report that they find
the facts as stated in said petition respecting said will, and
that said Mary made said Hannah residuary legatee ; that all
the debts and legacies of said Mary were paid except said
legacy to the petitioners ; that all the personal estate of said
Mary is expended into XI 12 1, and that the real estate of
said Mary lying in said Newington amounts to .£334 13 4,
of which said David in liis life time with said Hannah took
possession and had the improvement until his death, which
[222] happened about October, 1772, and by said || Hannah
ever since said David's death, who holds and claims the
same, notwithstanding said legacy has been often requested
&c., as per report on file, which report being accepted :
Resolved by this Assembly, that the petitioners have and
recover to the value of eighty pounds, lawful money, out of
said real estate, at the apprizement of Col. Isaac Lee, Thomas
Hosmer, Esq"", and Mr. Lodowicii Hotchkiss, who are hereby
impowered to apprize the same, out of such part and in such
manner, of said real estate, as to do justice to the petitioners
and petitionee ; and the said Hannah is hereby ordered to
deliver up, quit-claim and release by deed to the petitioners
said eighty pounds worth of said real estate to be apprized as
aforesaid, to be improved for the use and purposes mentioned
in said deceased Mairy's will, within two months from the
rising of this Assembly, on penalty of forfeiting to the peti-
tioners the sum of one hundred and sixty pounds, lawful
money, to be recovered out of said Mary's estate, to be
improved for the purposes mentioned in said Mary's will ;
15
114 PUBLIC EECORDS ['Maj?
unless said Hannah shall choose to pay said eighty pounds in
money, and do in fact pay said eighty pounds, money, within
two months from the rising of this Assembly.
Upon the petition of Thomas Willson of New London,
against William Potter of New London, preferred to this
Assembly in May, 1771, representing that one Morte Sulli-
van, a foreigner, had a note against one David McCullum of
St. Croix ; that said Sullivan died at the house of said Potter
intestate, and left said note in his hands and left no heirs ;
that tlie petitioner being bound to the West Indies received
said note of said Potter and gave his receipt to collect the
monies or return the note to said Potter ; that he arrived at
St. Croix in the year 1767, and found said McCullum dead,
and applied to the dealing court, so called, in said island to
procure payment of said note, when said note w^as received
and registered, and that he has never received any part of
said debt; that said Potter brought his action against him on
said receipt, and before the superior court held at Norwich
the fourth Tuesday of March, 1771, recovered judgment
against him for the whole sums of said note, being three
hundred and sixty pieces of eight and costs ; praying for
relief &c.; on which petition a committee was appointed in
May, 1772, who reported to this Assembly in October last
and found said matters to be true as alledged in said peti-
tion, and that the petitioner received an order for the pay-
ment of said sums on a debtor of said McCullum, but that
they supposed 'twas probable said order had not been paid,
but as the same remained uncertain gave it as their opinion
that said petition should be continued to this time, and on
the petitioner's procuring evidence that said order had not
been paid that the said judgment should be made null and
void and never be carried into execution ; and also that one
other suit depending in the superior court in the name of
William Noyes against Thomas Mumford and Thomas Allen,
founded on a receipt given to said Noyes by said Mumford
and Allen for not delivering a quantity of rum taken by said
execution against said Willson, should not proceed but be
dismissed &c., as per report on file, which report is accepted
and approved, and said Willson having now procured satis-
factory evidence that said order has never been paid : It is
therefore resolved by this Assembly, that said judgment and
execution had and recovered against said Willson be and the
same is hereby vacated, and no execution shall ever be
granted thereon; that said suit depending before the superior
court in the name of said Noyes against said Mumford and
1773.] OP CONNECTICUT. 115
Allyn be dismissed without costs, and that no recorery shall
ever be had on said receipt.
Upon the petition of Sylvanus Bishop, of New Haven in
the county of New Haven, against William Field, John
Murry and Jacob Watson, merchants in company, Isaac
Adolphus, James Pine, Thomas Grant and John Fine, mer-
chants in company, James Brown, Thomas Pearsall and
Samuel Delaplaine, executors of the estate of Joshua Dela-
plaine deceased, all of the city and Province of New York,
Richard Alsop of Midletown, Roger Sherman, Esq% Jona-
than Mix, Timothy Tuttle, Eneas Munson and William
Mather, merchants in company, John Hubbard and David
Atwater, merchants in company, Joseph Munson, Isaac
[223] Jones, || David Wooster, Esq--, Enos Allen and
Thomas Howell, merchants in company, Moses Wells,
Abraham Bradley and Joseph Adams, all of New Haven,
Thomas Dowd of Guilford, a committee was appointed by
the General Assembly at their sessions at New Haven in
October, 1772, who have made report, that the said creditors
being notifyed did not a})pear ; that the petitioner is unable to
pay his debts &c. ; which report is accepted : . Whereupon it is
resolved by this Assembly, that upon the petitioner's assign-
ing and making over unto Samuel Bishop jun"", Esq% of New
Haven, and Nathan Beers, all liis estate real and movea-
ble in law and equity, excepting his tools necessary for carry-
ing on his business and trade of a house-joiner, and apparel,
and household furniture necessary for upholding life, for the
use and benefit of his creditors in proportion to their debts,
the body of the petitioner shall be and it is hereby exempted
and discharged from any arrest or imprisonment on account
of any debt due to the said creditors at the date of the peti-
tion preferred by the petitioner.
Upon the petition of Elisha Shelton, of Stratford in the
county of Fairfield, representing that he for a valuable con-
sideration paid to John Stevens jun', late of said Stratford,
deceased, received of him a conveyance of the one half of a
piece of land in said Stratford and dwelling-house at a place
called the Narrows, said land being in quantity about twelve
acres, and was formerly the home-lot of John Stevens of said
Stratford, which conveyance was dated the 21st day of June,
1770, at which time said John Stevens jun"" was said to be
under an overseer &c, ; whereupon a committee was ap-
pointed by the Assembly in May, 1772, who have made
report that the petitioner hath paid to said John Stevens jun""
for and towards t\\& purchase of said half of said house and
116 PUBLIC RECORDS [^^7?
home-lot the sum of <£91 15 2, hawfiil money, which sum
was for necessaries for said John Stevens ]mv and advanced
upon the request of Daniel Bunnel of said Stratford, the
reputed overseer of said John Stevens junf, and upon his
express agreement that the petitioner should have said half
of said house and land in satisfaction for said advancement,
and that Ruth Stevens of said Stratford, administratrix of the
estate said John Stevens jun"", pay to the petitioner the said
sum of .£91 15 2, within one month from the rising of this
Assembly, and if said sum is not paid, and the petitioner pay
to said Ruth for the heirs or creditors of said John deceased
the sum of X18 4 10, then said deed of conveyance from said
John deceased to the petitioner be confirmed ; which report
is accepted and approved : And thereupon it is resolved, that
if the said Ruth Stevens do not pay unto the petitioner the
sum of X91 15 2, lawful money, within six months from the
rising of this Assembly, and the petitioner upon her failure
of making such payment do pay unto the said Ruth for the
use of the heirs or creditors of said deceased John Stevens
jun"" the sum of X18 4 10, lawful money, and that within
eight months from the rising of this Assembly, then said
deed of conveyance made by said John Stevens junf to the
petitioner of the one half of said house and land shall be,
and the same is hereby declared to be, good and valid and
shall have the same force, effect and operation in law as if
said John Stevens jun"" had not been, or had not been reputed
to be, under an overseer.
Upon the petition of Elisha Pitkin, administrator on the
estate of John Dalliber late of Hartlbrd, deceas'd, shewing
that the debts and charges against said John's estate sur-
mount his moveable estate the sum of £58 13 2i, money,
and that the real estate of said deceas'd consists only of a
dwelling-house, shop and about three roods of land, inven-
toried at £150 Os. Od. money, and is in decay and cannot be
parted, and that the heirs of said John are minors &c. ; pray-
ing for liberty to sell said whole messuage &c., as per memo-
rial on file : Resolved by this Assembly, that said Elisha Pit-
kin be, and he is hereby, impowered to sell the whole of
said real estate, excepting the dower of said John's widow in
said estate, and to give ample deeds thereof ; taking the
direction of the court of probate therein, and after paying-
said debts and charges due from said estate and incident
.charges, to pay or secure to the children and heirs of said
John deceased or their guardians to each their just part and
proportion of the surplus which said real estate shall fetcli.
1773. J OP CONNECTICUT. 117
[224] Upon the memorial of Joseph Tuller of Symsbuiy,
shewing to this Assembly that he was collector of the Colony
tax for the town of Symsbnry in the year 1759, that he made
several large payments to the Treasurer and that they were
all credited to him on the Colony book excepting one pay-
ment the 24th of March, 1763, amounting to £60 15 Of,
money ; praying this Assembly that he may be credited on
said Colony books for said sum : Resolved by this Assembly,
that the memorialist be allowed and credited said sum of
c£60 15s. OfcZ. on said Colony books with the interest that
has arisen thereon, and that the memorialist be put to no
further trouble or cost therein.
Upon the memorial of Ezekiel Williams, sheriff of the
county of Hartford, shewing to this Assembly that he finds
himself, notwithstanding his constant and diligent applica-
tion to the duties of his office, unable to fulfill and discharge
the business thereof and answer the demands of the publick
upon him without further assistance than at present is allowed
him by law ; praying for relief &c. : Resolved by this Assem-
bly, that the said sheriff be and he is hereby allowed and
liberty is granted unto him to authorize, impower and depute
five more discreet persons than is already allowed him, to
serve as deputies under him in and throughout the county of
Hartford.
Upon the memorial of William Beebe and Joseph Arnold,
representing to this Assembly that they have carried on a
fishery in Moodus Cove, so called, for more than forty years ;
praying that same may be confirmed <fec. : Resolved by
this Assembly, that Henry Champion, Esq'', Capt. Christopher
Holmes ^nd Capt. Abner Comstock be and they are hereby
appointed a committee to view and examine the state of the
fishery in said cove in Salmon River and in Connecticut River
near the mouth of said cove, notify all persons interested in
said fisheries, and report their opinion what regulations will
be most expedient for the best advantage of the publick and
the persons concerned in the fisheries there : all at the costs of
the memorialists.
Upon the memorial of Robert Jameson of Yoluntown,
preferred to this Assembly in October last, shewing that he
is confined in Windham county goal at the suit of the Colony
of Connecticut, praying for a committee to examine and
enquire into his matters &c., whereon a committee was
appointed, which committee have now reported the facts they
find in said cause, as per said report fully appears, and their
opinion thereon &c., which report is accepted and approved
118 PUBLIC RECORDS [^^ay,
&c. : Resolved by this Assembly, that there be abated to said
Jameson the sum of X70 0, lawful money, with the interest,
parcel of the same due to him on said rate-bills at the time
of his commitment, and as he alledges lo»t and become des=-
perate since, which leaves <£14 11 of said desperate debts,
about which sum appears yet collectable, and also abate the
whole interest on the remaining principal sum, which has
arisen since his commitment ; and that the town of Volun-
town be authorized to secure, and the Treasurer is hereby
directed to take and receive said security payable in one year
with interest for what shall then appear to be due on said
rates and necessary costs after the aforementioned abate-
ments are made, on condition said Jameson shall indemnify
said town therefor as far as he is able ; and thereon said
Treasurer is directed to dismiss and discharge said Jameson
from his imprisonment. And if said Jameson will not com-
ply on his part, he shall not be intituled to any otlier or
further favour in the premises.
[225] Upon the memorial of Joseph Church and others,
selectmen of the town of Hartford, and Isaac Lee jun'' and
Fisher Gay, agents for the town of Farniington, shewing to
this Assembly that the highway running on the line between
the towns of Hartford and Farmington was procured by
deeds of release to the Governor and Company of this
Colony of one rod and one half of land on each side of said
line, since which said highway in some places is found impas-
sible by reason of swamps and ponds &c., and that it is
necessary to alter said highway in some places by exchange
(fee, and there being no person authorized for that purpose,
praying that some meet person or persons may be appointed
and authorized for the purposes aforesaid: Resolved by this
Assembly, that Thomas Hosmer, Esq"", and Abijah Colton, of
Hartford, and Fisher Gay and James Wads worth. Esq""', of
Farmington, be appointed and fully impowered to exchange
said highway where it shall be found necessary, by giving and
receiving deeds of the adjoining proprietors o-f said highway
(fee. : all at the expence of said towns of Hartford and
Farmington.
Upon the memorial of Joseph Talcott and John Lawrence,
Esq''% of Hartford, and others, representing to this Assembly
that, at the expence of a few particular persons, the landing
place at the great river hath been much enlarged and made
very convenient, and that by the current and wearing of said
river it is in danger of being ruined &c. if not defended by
publick aid ; praying for liberty to set up. a lottery for that
1773.] OF CONNECTICUT. 119
purpose: Resolved, that the memorialists have liberty and
they are hereby allowed and impowered, to set up and carry
on a lottery or lotteries amounting to such a sum as drawing
at least ten per cent, out of each prize or out of the whole
may raise a sum of three hundred pounds and no more, and
that the managers each and every of them shall be liable and
answerable for the payment of every prize ticket that shall
be signed by them or any of them for the sum that each
ticket shall draw, and that the sum and neat proceeds that
shall be raised by said lottery be paid by them into the hands
of John Pitkin, Erastus Wolcott and Josiah Bissell, Esq""^,
to be applied and improved according to their best dis-
cretion and judgment in securing and defending the land-
ing-place mentioned in said memorial. And the said John
Pitkin, Erastus Wolcott and Josiah Bissell, Esq^^, are hereby
appointed a committee for that purpose, and to render an
account of their doings in the premises to this Assembly
when thereto required. And Messrs. John Chenevard, Solo-
mon Smith and Joseph Churcli ]vl\v of Hartford are hereby
appointed managers and directors of said lottery, and shall
be sworn to a faithful discharge of their trust, and they are
hereby impowered to plan and dispose the scheme of tlie
lottery, to manage and order the same according to their best
judgment and skill, taking care that publick notice be given
of the time and place of drawing the same ; and if the said
sum is not raised, and the tickets cannot be sold, the mana-
gers shall return to the adventurers the money paid for the
tickets, and the charge arisen shall be borne by the memo-
rialists. And the said managers shall give publick notice, as
soon as may be.of the prizes, and shall pay off such prizes on
demand : provided nevertheless all benefit tickets not claimed
in twelve months after drawing the same and publick notice of
the prizes drawn being made shall be considered as generously
given by the fortunate owners to the stock raised by said
lottery, to be paid over and applied to the same purpose as
the sum raised by said lottery is herein before appropriated.
And all persons are hereby informed that, if they become
adventurers in said lottery, they are to consider said mana-
gers and not the Colony as responsible to them in consequence
of their adventuring in the same. Provided nevertheless,
that said lottery do not commence before the fifth day of
October next, and that the managers of said lottery do not
expose any tickets to sale until after that time, and that the
drawing of said lottery shall commence drawing within
eighteen months next after the said fifth day of October next
120 PUBLIC RECORDS [Maj,
and be finislied within two months after said eighteen months,
unless the managers shall find it impracticable to dispose of
a sufficient number of said tickets, in which case they shall
return to the purchasers the monies received for the sale of
tickets.
Upon the memorial of Ezra Smith and Benjamin Sumner,
agents for the town of Ashford, shewing to this Assembly
that two of the collectors of the Colony tax for said town
have proved insolvent, in consequence of which said town
have been obliged to secure to said Colony about X400 ;
[226] that on the 17th || day of June, 1772, said town by
their agent gave bond to the Colony Treasurer for X241 4 9,
of which there remains due about X135 0, which they are
unable to pay at present ; praying that the Treasurer may be
directed to desist putting said bond in suit until the rising of
this Assembly in May next ; as per memorial on file : Re-
solved by this Assembly, that the Treasurer be and he is
hereby directed not to institute any suit on said bond until
the rising of this Assembly in May next.
Upon the petition of selectmen of Hartford vs. Colony
Treasurer, praying that said Treasurer may be directed to
suspend sending execution against said selectmen for the
balance of a rate due from the town of Hartford to said
Treasurer on a Colony rate of which Elihu Wadsworth was
collector &c., as per memorial : Resolved by this Assembly,
that said Colony Treasurer be and he is hereby direc1:ed not
to issue execution against said selectmen for the balance of
said rate until the rising of the General Assembly in October
next.
Upon the memorial of James Hillyer and Sarah Hays,
executors of the last will and testament of George Hays late
of Symsbury, deceased, shewing to this Assembly that the
debts and charges and legacies with some small allowances
to the widow of said deceas'd surmounts the moveable estate
of said deceased the sum of £48 4 9, L. money, for the pay-
ment of which sum no provision is made by the last will and
testament of said deceased ; praying liberty that some meet
person or persons may be impowered to sell so much of the
real estate of said deceas'd as may be sufficient to raise said
sum of £48 4 9, lawful money, with the incident charges
arising on said sale, as per memorial on file : Resolved by
this Assembly, that Jonathan Humphry, Esq'', be and he is
hereby impowered to make sale of so much of the real estate
of the said deceased as shall be sufficient to raise the said
sum of £48 4 9, lawful money, with the incident charges
1773,] OF CONNECTICUT. 121
arising on said sale ; taking the direction of the court of pro-
bate for the district of Symsburj therein ; to be used and
improved for the purpose abovesaid.
Upon the memorial of the inhabitants of the society of
Westfield in the town of Midletown and county of Hartford,
praying that 'a place might be- established for building a
meeting-house in said society : Resolved by this Assembly,
that the act of the General Assembly in October, 1771, affix-
ing the place for building a meeting-house in said society, be
and the same is hereby repealed and set aside. And it is
further resolved, that the place affixed by the Assembly in
October, 1767, for building a meeting-house in said society
shall be and the same is hereby established to be the place
for building a meeting-house upon in said society.
Upon the memorial of Jabez Hamlin, Esq"", Mathew Tal-
cott. Esq"", Richard Alsop, Esq'', and Nathaniel Gilbert, select-
men of Midletown, shewing to this Assembly that one Wil-
liam Starr of said Midletown was collector of the country
rate for said Midletown for the year 1760 ; that said rate
amounted to X2623 1) 4^; that said Starr paid into the Col-
ony treasury the whole of said rate except the sum of ,£28
2s. 9jC?., lawful money ; that many years since said Starr
was lost at sea, and that rates to the amount of more than
.£60 remain uncollected on said rate-bill, of which more
than X30 are due from persons not able to pay five
pounds, and capable to take the oath provided by law for
poor prisoners ; praying for an abatement of said balance
due on said rate, and the interest thereof, as per memorial on
file, dated May 20th, 1772 : Resolved by this Assembly, that
said sum of X28 2 9i shall be abated to said selectmen, and
[227 j the interest thereof ; and the || Treasurer of this Col-
ony is ordered to allow and give credit to the account of said
Starr with this Colony the aforesaid sum of £28 2 9i and
the interest arisen thereon since the first day of September,
1767, accordingly.
Upon the memorial of Abraham Bailey, of Chatham in
said Colony, and Mary his wife, she being administratrix of
the goods and estate of Abraham Knowles late of said Chat-
ham, deceas'd, shewing that the debts due from said estate
with sofne allowance to the widow of said deceas'd made by
the judge of probate for the district of Midletown, exceed
the personal estate of said deceas'd the sum of X28 13 11,
lawful money ; praying some meet person may be appointed
to make sale of so much of the real estate of said deceas'd as
will raise and procure said sum with incident charges &c.,as
16
122 PUBLIC RECORDS [Maj,
per memorial on file, dated May 15tli, 1773 : Resolved by
this Assembly, that Ithamar Pelton of said Chatham be and
is hereby authorized and appointed to make sale of so much
of the real estate of said deceas'd as shall raise and procure
the sum aforesaid with incident charges of sale, and to
account with said Abraham and Mary for the same; taking
the direction of the judge of probate for the district of Midle-
town therein.
Upon the report of the committee appointed to explore the
Copper Mines at Symsbury, and to consider whether they
may be beneficially improved to secure and employ criminals
and delinquents convicted of burglary &c.; which committee
having reported that the same are now under lease for nine-
teen years, that the said lease may be purchased for about
£60 0, <t4;.: Resolved by this Assembly, that Colo. William
Pitkin, Maj'' Erastus Wolcott and Capt. Jonathan Humphry
be, and they are hereby appointed,\ a committee with full
power, to agree with the proprietors of said mines or the
lesees thereof to receive, keep and imploy in said mines such
criminals as may by law be sentenced to such punishment, or
to purchase in the remaining term in said leases for such
purposes, and according to their best discretion effectually to
secure said mines, suitably to employ such persons as may be
there confined by order of law.
Upon the memorial of the Governor's Guard, shewing to
this Assembly that in procuring their standaid, diums, fifes
&c., and in paying instructors &c., they have expended the sum
of X86 6 Ol, money, for the use of the Colony, for which they
have heretofore had no allowance ; praying that the same
may be paid them, as per memorial : Resolved by this As-
sembly, that the Treasurer of the Colony be and lie is
liereby ordered and directed to pay to said memorialists
said sum of £36 6 0, money, out of the Colony treasury.
Upon the memorial of Elinor Spencer and David Spencer,
of Windham, administrators on the estate of Mr. John Spen-
cer late of said Windham, deceas'd, shewing to this Assem-
l)ly that the debts and charges due from the estate of said
deceas'd surmount the personal estate of said deceased the
sum of <£119 14 4, laAvful money, for the payment of which
they have nothing in their hands &c.; praying thut some
meet person or persons may be appointed and impowered to
sell so much of the real estate of said deceased as shall be
sufficient to raise said sum and the incident charges of said
sale &c., as per memorial on file : Resolved by this Assembly,
that Capt. Zebulon Hibbard, of said Windham in Windham
1773.] OP CONNECTICUT. 123
county, be and he hereby is fully impowered to sell so much
of the real estate of said deceased as shall be sufficient to
raise said sum of X119 14: 4, lawful money, and the incident
charges of said sale ; taking the direction of the judge of pro-
bate for the district of Windham therein.
Upon the memorial of Aaron Pease of Enfield, shewing to
this Assembly that he was collector of the Colony rate for
the town of Enfield in the year 1761, and paid up the whole
[228] of said rate but has not tlie credit on the || Treas-
urer's book (fee, as per memorial on file, on which memorial
a committee have been appointed and report that the matters
therein alledged are true : Therefore, resolved by this Assem-
bly, that the memorialist be and he is hereby discharged
from said rate, and the Treasurer is ordered to balance the
same in the Colony books.
Upon the memorial of George Eliott <fec., selectmen of the
town of Killingsworth, shewing to this Assembly that the
Treasurer of the Colony hath issued a warrant against them
in their said capacity on a balance appearing by the Treas-
urer's book to be due on the rates or taxes against said town
in the years 1747, 48, 49 and 50, and committed to Samuel
Stevens to collect ; that said Samuel deceased in the year
1751 ; that the administratrix has since deceased ; that the
same has been in all probability paid, <fec.; praying that said
warrant maybe recalled &c., as per memorial on file : Re-
solved by this Assembly, that the Treasurer be directed and
he is hereby directed, to recall said warrant and balance said
account against said town of Killingsworth in said treasury
books.
Upon the memorial of the inhabitants of the town of
Mansfield, by their agent Constant Southworth, shewing to
this Assembly that said town are indebted to the Colony
Treasurer the sum of £107 17 lOf, lawful money, being the
balance due as principal on a bond executed by Nehemiah
Eastabrook and Experience Storrs in behalf of said town ;
praying this Assembly to order and decree that said Treas-
urer shall not put said bond in suit until the first day of June
in the year 1774, or such other future time as this Assembly
shall think proper, as per memorial on file : Resolved by this
Assembly, that the Treasurer of this Colony be and he is
hereby directed not to put said bond in suit until the first
day of June in the year 1774.
On the memorial of Isaac Sheldon, administrator on the
estate of Capt. Daniel Sheldon late of Hartford, deceas'd,
praying for liberty to sell the real estate of the said deceas'd
124 PUBLIC EECORDS ['^^JIJ,
to the amount of ^667 9 1, lawful monej', to discharge the
debts due from said estate aud incident cliarges of such
sale, as per memorial on file: Resolved by this Assembly,
that the memorialist have liberty and it is hereby granted to
him, to make sale of so much of the real estate of the said
deceas'd as will raise said sum of £567 9 1, lawful money,
for to enable the memorialist to pay said debts with incident
charges of "sale arising thereon ; taking the direction of the
court of probate for the district of Hartford in the sale of
said estate.
«
Upon the memorial of Benjamin Smith and others, admin-
istrators on the estate of Joel Dodge late of Canterbury,
deceas'd, shewing to this Assembly that the debts and charges
against said estate amounts to £511 19 3, and that the real
estate of said deceas'd amounts to £358 11 9; that the
deceased desired that the wdiole estate should go to his wife
&c. ; praying that the said lands may be applied to pay said
debts &c., as per memorial on file : Resolved by this Assem-
bly, that Benjamin Smith of Canterbury be and he is hereby
impowered, to make sale of so much of the real estate of said
deceas'd as amounts to £77 12 6, L. money, for payment of
said debts ; taking the direction of the court of probate for
the district of Plainfield therein.
Upon the memorial of Samuel Pettibone of Goshen, show-
ing that he is indebted to the Governor and Company of this
Colony, and praying that lands might be taken for the pay-
ment thereof: Resolved by this Assembly, that Maj' Oliver
Wolcott be and he is hereby authorized and impowered to
take from said Pettibone a legal conveyance of lands to the
Governor and Company of said Colony sufficient to pay
[229] and || answer the whole of what he is indebted to said
Colony either by execution or otherwise, at the apprizal of
indifferent freeholders mutually to be chosen by said Wolcott
and the said Pettibone ; and the Treasurer of this Colony is
hereby directed not to send out execution against said Petti-
bone until the first day of September next; and upon his
receiving said conveyance as aforesaid, to cancel all the debts
due from said Pettibone to said Colony : but in case the
same is not done within the time aforesaid, the said Treas-
urer is hereby ordered immediately after said first day of
September aforesaid, to enforce the payment of said debts
and to cause the lands of said Pettibone to be taken for that
purpose in due course of law.
Upon the memorial of Nehemiah Andrews of Harthind,
^executor of the last will and testament of the Rev'' Starhng
17.i3.] OF CONiNECTICUT. 125
Graves late of said Hartland, deceas'd, shewing to this
Assembly that several years ago he, the said Starling,
inlisted himself a soldier in the service of this Colony, and
received the government bounty, and that by means of bodily
illness he failed to go into said service; upon consideration
whereof, and out of a tender concern to do justice he, the
said Starling, in his last sickness gave and delivered to the
memorialist one certain horse, and ordered and directed the
memorialist to dispose of said horse and the avails thereof
pay to the Treasurer of the Colony, and that he had since the
death of said Starling sold said horse for the sum of twelve
pounds, money; and further shewing that the people of said
Hartland by the death of the said Mr. Graves are left desti-
tute of a minister, that they are few in number and want aid
to enable them to resettle the gospel among them, and pray-
ing to have the said sum said horse sold for given to said
town for the purpose aforesaid: Resolved by this Assembly,
that the memorialist be directed and he is hereby ordered
and directed, to pay the sum arising on the sale of said horse
to the treasurer of the said town of Hartland, taking his
receipt therefor, to be improved for the purpose of settling a
minister in said town of Hartland, and in no other way.
Upon the memorial of Nehemiah Andrews and others,
inhabitants of the easterly part of the town of Hartland,
shewing to this Assembly that the said town of Hartland is
divided near the middle by a river and deep valley running,
northerly and southerly through said town, which renders it
inconvenient for them to enjoy privileges with the people of
said town living on the west part of said town, and that the
Rev'' Starling Graves, late of said Hartland, deceased, by his
last will and testament bequeathed unto the said inhabitants
belonging to the easterly part of said Hartland certain par-
cels of land to be by them improved for the support of the
gospel ministry among them, and that other lands have been
given and appropriated for publick uses in said easterly part
of said town, and that no way having been provided to enable
them to manage and improve said lands, and praying that
the inhabitants of said town of Hartland living on the east
side of the aforesaid river may be formed and incorporated
into an entire and distinct district for the purpose of improv-
ing said lands for the use said lands were given, and also for
the purpose of erecting school-houses and supporting and
managing school or schools within the same as need shall
require; as per memorial on file: Resolved by this Assem-
bly, that all the inhabitants living on the east side of the
126 PUBLIC EECORDS [-^luj,
aforesaid river in the said town of Hartland be, and they are
hereby, incorporated into one entire and distinct district, for
the purpose of improving the aforesaid lands lying in said
easterly part of said town for the purposes for which said
lands were especially given, and also for the purpose of erect-
ing school-houses and supporting schools within the same ;
and that they shall forever hereafter have and exercise all
the powers and authorities, and enjoy all the privileges and
immunities, which ecclesiastical societies in this Colony have
and do enjoy, so far as relates to the matters aforementioned.
Upon the memorial of Philena Whiting, administratrix on
the estate of John Whiting late of New London, deceased,
shewing to this Assembly that the Assembly at their sessions
in May last impowered the memorialist to make sale of so
much of the real estate of said deceas'd as should raise the
sum of £412 18 7, to pay debts due from said deceas'd, since
which other debts due from said deceased have appeared, to
tlie amount of £48 8 10, making in the whole £461 7 5, and
til at the real estate of said deceas'd is so situate, being a
peninsula or neck of land called Massapege, in great part sur-
[230] rounded with water, tha't part thereof cannot be sold |[
without great prejudice to the whole &c., and praying for
liberty and authority to sell the whole of said real estate &c.,
as per memorial on file: Eesolved by this Assembly, that the
said Philena Wliiting, administratrix, be and she is hereby'
fully impowered to make sale of the whole of the real estate
of said John Whiting, deceased, under the incumbrance
of the widow's dower therein, taking direction of the court of
probate for the district of New London therein. And it is-
further resolved, that the memorialist give bond with surety
to the judge of probate for the district of New London, ta
refund and pay to the lawful heirs of said John Whiting-
deceas'd, to whom it belongs, the overplus of the avails of
said estate that shall be raised by the sale thereof over and
above what is sufficient to pay the debts due from said
deceas'd with incident charges arising on such sale.
Upon the memorial of James Boies, of Milton in the county
of Suffolk and Province of the Massachusets Bay, adminis-
trator on the estate of Oxenbridge Thatcher &c of said
Milton, deceas'd, shewing to this Assembly that said
deceased in his said will ordered his lands in Mansfield
in Windham county to be sold and impowered his executors
to sell the same, but said executors refused to accept said
trust &c. ; praying for liberty and authority to sell said lands
<fec., as per memorial on file: Resolved by this Assembly,.
liT3] OF CONNECTICUT. 127
lliat said James Boies, administrator with the will annexed,
be and he is hereby authorized and fully impuwered to sell
and dispose of all the lands and real estate of said deceased
in said town of Mansfield, as mentioned in said will, and
give ample deed or deeds of sale thereof to the purchaser or
purchasers ; taking direction of the court of probate for the
district of Windham therein.
Upon the memorial of the selectmen of the town of New
Haven, representing to this Assembly that having taken
under their care Dan Mansfield of said New Haven, for idle-
ness &c., and having in May last obtained a decree authoriz-
ing Messrs. Joshua Chandler and Stephen Ball to sell so much
of said Dan's real estate as might raise the sum of £124 11
3, the amount of his debts then brought in, that the only
estate they could sell for raising said sum was said Dan's
house and home-lot, which they sold at X165 0, lawful
money, that the debts since brought in amount to <£39 12 2;
praying said Chandler and Ball may be impowered to give a
deed of the whole of said house and land sold as aforesaid,
as per memorial on file : Resolved by this Assembly, that
said Joshua Chandler and Stephen Ball be impowered, and
they ai-e hereby authorized and impowered, to sell the whole
of said house and land, and Avith the avails pay and discharge
said debts; and if any overplus remain, the same to be
applied for the support of said Dan.
Upon the memorial of John Durkee of Norwich, shewing
to this Assembly that by order of the commanding officer he
expended £6 15 in advertising, detecting and i^ecovering
soldiers that deserted the first regiment of the Colony in the
year 1761 and 1762, which hath never been paid, and praying
the same may be paid him &c., as per memorial on file:
Resolved by this Assembly, that the Treasurer of this Colony
pay, and he is hereby ordered to pay, unto the memorialist
said sum of £Q 16 0, for said sum expended 'by him as
aforesaid.
Upon the memorial of Pliebe Smith of Voluntown, admin-
istratrix on the goods and estate of John Smith late of said
town, deceas'd, and of Nathaniel Galusha of Kent, represent-
ing to said Assembly that said deceas'd for the consideration
of eighty-four pounds received to his satisfaction sold to said
Galusha eighty-four acres of land in said Kent, butted and
[231] bounded as of || record appears, lying on the north
side of the west pond and adjoining thereto, it being all that
part of the fifty-second lot whicli is left after Josiah Cas-
well's is taken off, and of which the said deceas'd never gave
12S PUBLIC RECORDS [May,
the said Galusha a deed bur. gave liim a bond with penalt}-,
bearing- date the 27th of Nov. 1769, to execute a deed thereof,
wliich never was done ; praying that said administratrix, or
some meet person, may be impowered to give a deed of the
premises to said Galusha, as per memorial on file dated 20tli
May instant: Resolved by this Assembly, that said Phebe
Smith be authorized to execute a deed of said land for trans-
ferring to said Galusha all the right and title which was in
said deceas'd ; which deed, or the record thereof, shall be as
good and valid for conveying the same as if made and exe-
cuted by said Smith deceas'd in liis life time.
Upon tlie memorial of Brewster Higley jun'', of Symsbury,
representing to this Assembly that as conservator of tlie
person and estate of Silence Gi-iffin of said Symsbury, that in
supporting the said Silence there hath been expended over
and above her earnings, and for Avhich she is indebted, the
sum of <£11 19 3, lawful money, an account whereof was
exhibited to the county court held at Hartford April term,
1773, and allowed and approved by said county court, and
that the said Silence liath no estate except unimproved lands
which can be used no other way than by sale thereof, and
praying this Assembly to impower some meet person to sell
so much of the said lands as shall procure said sum of <£11
19 8, lawful money, with incident charges arising on such
sale : Resolved by this Assembly, that so much of the real
estate of the said Silence may be sold as to raise the sum of
Xll 19 3, lawful money, and tliat Brewster Higley jun'' of
said Symsbury be impowered to make sale of so much of the
real estate of said Silence as shall procure said sum of £11
19 3, to be used and improved for the purpose aforesaid.
Upon the memorial of Josiah Smith and William Lay,
of Lyme, praying for a committee to view the circumstances
of the fishery in the Back River, so called, the rivers, coves
and creeks leading by and to Smith's Neck, so called, in
Lyme, and that the fishery there may be regulated by law, as
per memorial on file: Resolved by this Assembly, that Capt.
Joseph Mather and Capt. Dan Marvin of Lyme be and they
are hereby appointed a committee to view the circumstances
of the fishery and enquire into the manner of carrying on the
same in said rivers, coves and creeks, notify all persons inter-
ested, and report what they shall find, with their opinion of
the best manner of regulating the fishery therein, to the next
General Assembly : all at the cost of the memorialists. •
On the memorial of Return Strong, administrator on the
estate of Reuben Miller, late of Windsor in the district of
1773.] OF CONNECTICUT. 129
Hartford, deceas''d, praying for libertj to sell the real estate
of the deceas'd to the value of <£3l 13 4, lawful money, with
incident charges of sale, to defray the debts due from said
estate, as per memorial on file : Resolved by this Assembly,
that the memorialist have liberty, and it is hereby granted
that the said memorialist have liberty, to sell so much of the
real estate of the said deceas'd as will raise the sum of £31
13 4, lawful money, with incident charges of sale arising
thereon ; to be sold by the direction of the court of probate
in the district of Hartford, for the payment of said debts and
charges.
Upon the memorial of Nathan Bushnel of Norwich, pray-
ing for the payment of his postage account, which account
has been referred to a committee to allow and adjust, which
committee has reported that they have inspected, considered
and liquidated said account, and find due to said Bushnell
on his account up to the third day of May, 1773, the sum of
twenty pounds ten shillings, lawful money, which ought to be
paid out of the Colony treasury, as per memorial and report
on file &G. : Resolved by this Assembly, that the Treasurer be
and he hereby is directed to pay said sum of twenty pounds
ten shillings, lawful money, to said Bushnell accordingly.
[33.;] Upon the memorial of Ebenezer Grant of East
Windsor, shewing to this Assembly that in November, 1762,
one Gurdon Munsel of said East Windsor, a poor man, was
committed to goal for several country rates due to this
Colony, amounting to ,£3 6 4, lawful money ; that in pity to
said Munsel and with a view to save the Colony said sum
the memorialist took said Munsel out of goal and undertook
to pay said sum, provided said Munsel should live to serve him
the term he should be bound to him by the county court for
the payment [of] this and his other debts, and the memorial-
ist gave his obligation therefor accordingly, and in conse-
quence thereof the said Munsel was bound in service to the
memorialist for the term of five years ; that the said Munsel
[was] soon afterwards taken sick and fell into a consump-
tion, of which he languished until his death which happened
in about two years after his being bound as aforesaid, and was
unable to render to the memorialist any services whereby to
enable him to pay anything for said Munsell ; and praying
that said sum in said obligation contained may be abated to
him, as by memorial on file: Resolved by this Assembly,
that the memorialist be abated the said sum of £3 6 4 in his
said obligation contained, and the same is hereby accordingly
180 PUBLIC RECORDS [May,
abated to him ; and the Treasurer of this Colony is hereby
ordered and directed to cancel the said obligation accordingly.
Upon the memorial of Benjamin, William and Christopher
Ellery, all inhabitants in the Colony of Rhode Island, pre-
ferred to this Assembly at their sessions in May, 1772,
against the inhabitants and listers of Colchester, per con-
tinuance comes to this session, representing that the said
listers for the year 1770 had wrongfully fourfolded them for
their land in said Colchester the sum of X624 16 0; praying
that said fourfold might be abated the sum of X468 12 0,
and reduced to a true single list of said estate, viz. XI 56 4 0,
&c., as per memorial on file : Resolved by this Assembly, that
said fourfold be and the same is hereby abated the sum of
£468 12 0, and reduced down to a true single list of said
estate, viz. the sum of £156 4 0, and that all rates or taxes
granted or made on said fourfold shall be abated accordingly.
Upon the memorial of Daniel Quotcheath and others belong-
ing to the Massatucksett tribe of Indians in Groton, shewing to
this Assembly that the General Assembly in May, 1761, re-
solved and ordered that said tribe should hold nine hundred
and eighty-nine acres and sixty-eigbt rods of land as laid
down on a plan made by Mr. Hemsted, in severalty from the
proprietors of Groton ; praying the boundaries may be ascer-
tained and said number of acres of land set off to them
by meets and bounds, as per memorial on file : Resolved by
this Assembly, that Samuel Mott, Esq^, be and he is hereby
appointed, at the cost of the memorialists, to divide off and
apart to said Indians said quantity of acres of land, and to
erect suitable bounds between them and the proprietors of
Groton, according to said act of Assembly in May, 1761 ; and
that said lands being so aparted and boundaries erected
and made as aforesaid, the said Indians sliall be quieted in
the possession of said lands according to the true intent and
meaning of said act.
Upon the memorial of the society of Orford in Hartford in
the county of Hartford, by their agents Timothy Cheeney,
Richard Pitkin and Ward Woodbridge, shewing that said
society had agreed to build a new meeting-house in said
society, that a stake had been fixed for that purpose which
was disagreeable to the majority of the inhabitants of said
society ; praying for a committee to view the circumstances
of said society and affix a place for the building of said
meeting-house in the most convenient place &c., as per
[233] memorial &c. : || Resolved by this Assembly, that
Charles AVebb and Samuel Mott, Esqi's, and Mr. Jedediah
1773.] OF CONNECTICUT. 131
Strong be and they are hereby appointed a committee with
full power to repair to said society of Orford and view the
same with its circumstances, and hear all parties concerned,
and to affix the most convenient and proper place therein for
the building of a meeting-house in said society, and make
report of their doings in the premises with their opinion
thereon to this or the General Assembly to be holden at New
Haven in October next.
Upon the memorial of Stephen Keyes and others, inhabi-
tants of the towns of Pomfret, Killingley and Woodstock,
shewing to this Assembly that in the said towns there are
twelve large military companies of foot and no troop of
horse, and that they are desirous of having the liberty of
inlisting and raising a troop of horse out of said companies
and other inhabitants in said towns of Pomfret, Killingley
and Woodstock, &c., as per memorial on file : Resolved by
this Assembly, that liberty be, and liberty and authority
is hereby given, to enlist and form a troop of horse of the
inhabitants of said towns of Pomfret, Killingley and Wood-
stock, with the same privileges and under the same regula-
tions as other troops of horse in this Colony by law have;
taking the directions and orders of the colonel of the regi-
ment within which said towns are, as to choice of officers in
said troop.
Upon the memorial of William Brewster, of Windham in
the county of Windham, shewing to this Assembly that
he was collector of the Colony tax of the town of Windham
for the year 1759, and that he has fully settled and paid said
tax to the Treasurer of this Colony, and that there is sundry
taxes included in said rate that said Brewster has settled and
paid to said Treasurer that were never abated nor allowed to
said Brewster, and that the said Brewster hath not ever been
able to collect any part thereof, to the amount of <£18 1 9,
lawfiil money ; praying that the Treasurer of this Colony
may be ordered and directed to pay said sum out of the
treasury of this Colony to the said William Brewster, as per
memorial on file : Resolved by this Assembly, that the
Treasurer of this Colony be and he is hereby ordered to pay
out of the Colony treasury to the said William Brewster the
said sum of <£ 18 1 9, lawful money.
Upon the memorial of Elijah Tredway of Midletown,
administrator on the estate of Susannah Rockwell late of
said Midletown, deceas'd, shewing to this Assembly that the
debts due from said estate surmounts the personal estate
of said deceased the sum of X49 1^, lawful money, for the
132 PUBLIC RECORDS [^'IJ,
payment of which no provision is made ; praying that some
suitable person might be appointed to make sale of so much
of the real estate of said deceas'd as shall raise the sum
of <£49 0, money, with tlie incident charges arising thereon
&c., as per memorial on file: Resolved by this Assembly,
that said memorialist be and he is hereby appointed and
impowered to make sale of so much of the real estate of said
deceas'd as shall raise the sum of .£49 0, lawful money,
with the incident charges arising thereon, for the purpose
aforesaid ; taking the direction of the court of probate for
the district of Midletown therein.
On the memorial of Stephen Benedict, administrator on
the estate of Elias Benedict late of Norwalk in Fairfield
county, deceased, shewing that the debts and chai'ges allowed
by the court of probate in tlie district of Fairfield against
the estate of said deceased surmount his personal estate the
sum of £Q 4 2^, L. money; praying for liberty to sell so
much of the real estate of said deceas'd as shall be sufficient
to pay the sum aforesaid, as per memorial on file : Resolved
by this Assembly, that the memorialist be and he is hereby
impowered to sell so much of the real estate of said deceas'd
Elias Benedict as shall be sufficient to pay said sum of
£64 2i, L. money, with the incident charges arising on
such sale ; taking the direction of the judge of probate in the
district of Fairfield therein.
[234] Upon the memorial of Ames Walbridge of Stafford,
conservator of the person and estate of John Yictroy of said
Stafford, an impotent, distracted person, shewing that he had
expended in the support of said John the sum of £75 19 3,
lawful money, and that the said John's lands must be sold
for the payment thereof ; that it will be most for the benefit
of said John and his family to sell the whole of his lands
together, as per memorial &c. : Resolved by this Assembly,
that the selectmen of said town of Stafford for the -time
being be and they are hereby appointed with full power
to make sale of the whole of the said John Victroy's farm
in said Stafford, in the best manner they can for the advan-
tage of the said John, and pay the said sum of £75 19 3,
lawful money, to the said Walbridge out of the avails thereof,
and the overplus secure and loan out for the benefit of the
said Yictroy and family ; to be accountable to the county
court for their doings therein.
Upon the memorial of the inhabitants of the town of
New London, shewing to this Assembly that Mr. AVilliani
Adams jun"" was chosen constable and collector of the Colony
1778.] OF CONNECTICUT. 133
rate within the said town, that he has since declined to
collect the said rates and the town are willing to excuse him
&c., and that the town of New London have chosen Adam
Shapley a constable and collector of said rates ; praying that
said choice may be confirmed &c., as per memorial on file :
Resolved by this Assembly, that said town of New London
have liberty and they are hereby impovvered, to make choice
of any other person to collect the said rates, and that the
Treasurer of the Colony be notified of such choice by the
first of July next; and in case the said Shapley shall accept
said choice of said town, he is hereby declared to be as fully
authorized and impowered to be a constable of said town and
collector of said rates as though he had been chosen in
the month of December last.
On the memorial of Guy Richards of New London, shewing
to this Assembly that he was appointed by the county court
for New London county conservator to one Daniel Shapely
of said New London, a distracted and impotent person,
and that since his appointment to said trust he has caused to
be expended towards support of said Daniel the sum of
X72 8 5, lawful money, which sum has been allowed by
the county court aforesaid, and for which no satisfaction has
been had out of said Daniel's estate, and said Daniel having
no personal estate to satisfy said debt, praying your Honors
to appoint him or some other meet person, to make sale of so
much of said Daniel's real estate as will pay the sum
aforesaid, agreeable to the statute in that case provided,
as per memorial on file : Resolved by this Assembly, that
Guy Richards of said New London be appointed, and he
is hereby authorized, to sell so much of said. Daniel's real
estate as will pay the said sum of X72 8 5, L. money,
and the incident charges arising on the sale thereof, and
make return of his doings to the county court for New
London county.
Upon the memorial of Nathaniel Smith of Milford, admin-
istrator on the estate of Joseph Smith late of said Milford,
deceas'd, representing unto this Assembly that he had.
caused an inventory to be made of the estate of said deceased,
which was all real estate and amounted to .£37 0, also ex-
hibited an account of the charge of supporting an old infirm
negro man that belonged to said deceas'd in his life time,
which amounted to £34 18 6 ; praying for liberty to sell
so much of said estate as shall be sufficient to pay said
sum of <£34 18 6, together with the incident charge &c., as
per memorial on file may appear : Resolved by this Assem-
134 PUBLIC RECORDS [^laj,
bly, that the memorialist have liberty, and liberty and au-
thority is hereby granted unto him, to sell so much of said
estate as shall amount unto the sum of X34 18 6, lawful money,
together with the incident charge of such sale ; taking the
direction of the coui't of probate therein.
[235] Upon the memorial of Samuel Forbs and the rest
of the selectmen of Canaan, shewing to this Assembly that
liberty was granted to said town by the General Assembly
in October, 1771, to give bonds for the payment of the arrears
of their rates now become payable, that part of the monies are
paid thereon, as per endorsement ; praying that further time
may be granted for the payment and discharge of said bond,
as per memorial on file : Resolved by this Assembly, that
the Treasurer of the Colony be and he is hereby directed
not to put said bond in suit before the first day of June in
the year 1774.
Upon the memorial of Noah Wells, administrator, and
Joanna his wife, administratrix, on the estate of William
Douglas late of Canaan in Litchfield county, deceas'd, shew-
ing to this Assembly that the debts and charges due from
said estate surmount the personal estate of the said deceas'd,
the sum of .£86 5 1, lawful money, for the payment of which
they have nothing in their hands but real estate ; praying for
liberty to sell so much of the real estate of the said deceas'd
as will be sufficient to pay said sum of £86 5 1, with inci-
dent charges arising on said sale : Resolved by this Assem-
bly, that the memorialists have liberty, and liberty and
authority is hereby granted to the said memorialists, to sell
so much of the real estate of .the said deceas'd as shall be
sufficient for the payment of said sum of eighty-six pounds
five shillings and one penny, lawful money, with incident
charges arising on said sale ; taking the direction of the
court of probate for the district of Sharon therein.
Upon the memorial of John Eliott of Guilford, administra-
tor of the estate of Jordan Leete late of said Guilford,
deceas'd, shewing to this Assembly that the debts and
charges due from the estate of said deceas'd surmount the
personal estate the sum of <£2619 3; praying for liberty to
sell lands &c., as per memorial on file: Resolved by this
Assembly, that the memorialist have liberty, and liberty and
authority is hereby granted him, to sell so much of the real
estate of said deceas'd as will be sufficient to raise the afore-
said sum of £26 19 3, with incident charges of such sale;
taking the direction of the court of probate for the district of
Guilford therein.
1773.] OF CONNECTICUT. 135
On the memorial of Abigail Kimberly, administratrix on
tlie estate of Abraham Kimberly, deceas'd, shewing to this
Assembly that the debts against said estate snrmount the
moveable estate of said deceas'd the sum of X1041 7^ as al-
lowed by the court of probate for the district of Danbury, for
the payment of which said administratrix hath nothing in
hand, and humbly praying to this Assembly that some meet
person may be impowered to make sale of so much of the
real estate of said deceas'd as to discharge said £104 1 7i,
with the incident charge that may arise, as by memorial on
tile : Resolved by this Assembly, that John Chandler, Esqf,
be impowered, and he is hereby authorized and impowered,
to make sale of so much of the lands of said deceas'd as to
discharge said debt and the incident charges that may arise
thereon ; taking the direction of the court of probate for the
district of Danbury therein.
Upon the memorial of Miriam Stetson, of Mansfield, in the
county of Windham, administratrix on the estate of Eli Stet-
son late of said Mansfield, deceas'd, shewing to this Assem-
bly that the debts and charges exhibited into the court of
])robate for the district of Windham against said estate, and
allowed by said court, together with some allowance by said
court made to the widow and relict of said deceas'd, sur-
mount the inventoried personal estate of said deceas'd the
sum of £156 17 0, and praying for liberty to sell so much of
the real estate of said deceas'd as will be sufficient to raise
said sum for the payment thereof &c., as per memorial on
file : Resolved by this Assembly, that liberty and authority
be and the same hereby is granted unto Elijah Mackall of
said Mansfield, to. make sale of so much of the real estate of
said deceas'd as will be sufficient to raise said sum of X156
17 0, L. money, together with incident charges arising on
such sale ; taking the direction of the court of probate in
said district therein.
Upon the memorial of Ruth Barnerd, Medad Hunt and
Moses Barnerd, administrators on the estate of Aaron Bar-
nerd late of Tolland in the district of Stafford, deceas'd, shew-
ing to this Assembly that the debts, charges and allow-
[236] ances || due from the estate of the said deceased
surmount the personal estate of the said deceas'd the sum of
X47 16 5, lawful money ; praying for liberty to sell so much of
the»real estate of the said Aaron Barnard, deceas'd, as may
be sufficient to raise the aforesaid sum of X47 16 5," money,
for the payment of debts &c., as per memorial on file :
Resolved by this Assembly, that the said Medad Hunt and
136 PUBLIC RECORDS [May,
Moses Barnard have liberty, and liberty and authority is
hereby granted to them, to sell so much of the real estate
of the said deceased as shall be sufficient to raise the said
sum of X47 16 5, lawful money, for the payment of said debts
with the incident charges arising on such sale ; taking the
directions of the court of probate in the district of Stafford
therein.
Upon the memorial of Isaac Pinney, Esq% agent for the
town of Stafford, shewing to this Assembly that liberty was
granted to said town by the General Assembly in May, 1772,
to give bond for the payment of the arrears of their rates,
payable the 20th of May, 1773 ; that part of the monies are
paid ; praying that further time may Ibe granted for the pay-
ment of the residue due on said'bond, as per memorial on file :
Resolved by this Assembly, that the Treasurer of the Colony
be and he is hereby directed not to put said bond in suit be-
fore the first day of May, 1774.
Upon the memorial of Flenry Allyn, Esq"", and the rest
of the owners and proprietors of the three-mile lots, so
called, on the east side of the great river in East Windsor
that lie between the lots of Samuel Grrant, deceas'd, on
the south and the lot of Josiah Elsworth, deceas'd, on the
uorth, shewing that in May, 1731, the General Assembly
of this Colony upon the memorial of said proprietors then
exhibited appointed a committee, viz. William Pitkin, Esq'',
Messrs. Roger Newberry and Joseph Loomiss, to lay out
and ascertain the bounds of said three-mile lots by sufficient
bound-marks and monuments, to prevent contention &c. ;
and further shewing that said committee proceeded partly to
execute the trust to which they were appointed, and the
proprietors so far have acquiesced therein ; that the remain-
der of said lots have not yet been, viz, the bounds and limits
thereof, duly fixed and ascertained, that is to say, from a
certain lane called Bissell's Lane on the south up to the said
Josiah Elsworth's lot on which Nathaniel Bissell now lives,
which leaves room for contention and dispute about the same ;
praying for a committee to take up the matter and finish
bounding out said lots that remain yet unestablished as '
aforesaid, as per memorial &g. : Resolved by this Assemldy,
that Maj'' Erastits Wolcott, Capt. Nathaniel Loomiss, Lieut.
Return Strong be and they are hereby appointed a committee
with full power to locate, fix and ascertain the bounds'and
limits of each of said lots, between the said Bissell's Lane
and the south side of Josiah Elsworth's lot next north of
Nathaniel Bissell's lot which he dwells upon, erect monu-
1773.] OF CONNECTICUT. 137
ments thereon, and to make a proper survey and mensuration
of each of said lots if need be, and make return of their
doings witli their opinion thereon to the next General
Assembly to be held at New Haven on the second Thursday
of October next.
Upon the memorial of David Wood and Deborah Brush, of
Greenwich in the county of Fairfield, administrators on the
estate of Edward Brush, Esq'', late of said Greenwich,
deceased, shewing to this Assembly that the said Edward
Brush in his life time was bound for Benjamin Brush, late of
said Greenwich now of Great Egg Harbour in the county of
Gloucester and Province of West New Jersey, in divers sums
of. money, amounting in the whole to about three hundred
and fifty pounds. New York money, and for his security
therein the said Benjamin Brush gave and executed to said
deceased in his life time a deed of three several pieces of
land lying in said Greenwich with a dwelling-house, by deed
[237] dated the first day of February, 1765, and || recorded
in Greenwich town records ; that the said Edward Brush
hath paid and is hoi den to pay the whole of said sums, and
that the said Benjamin hath paid the said Edward only a
small part of the same, and that the said Benjamin was
indebted to said Edward at the time of his death in a
considerable sum, wliich hath not been paid ; praying that
the said Benjamin may have six months allowed him to
redeem said lands &c., by paying to the memorialists what
is unpaid on said security and what is due to the estate
of said deceas'd, and on failure tliereof that the memorialist
may be impowered to sell said land &c. to raise said sums
and pay the debts of said deceas'd, taking the directions
of the court of probate for tlie district of Stamford therein ;
the said Benjamin Brush liaving under his hand declared his
full consent to the granting said memorial, as per memorial
on file : Resolved by this Assembly, that the said Benjamin
Brush have six months allowed him to pay to the memorial-
ists said sum due on said security and likewise the other
monies now due to tlie estate of the said deceas'd ; and on
his, the said Benjamin's, paying to the memorialists said
monies as aforesaid with the incident charges hereby arising
within the time limited as aforesaid, that then the memorial-
ists are hereby authorized and fully impowered to give a
compleat and ample deed of release to the said Benjamin of
all the said lands and house as mentioned in said deed: but
on the said Benjamin's failure to perform the same as
aforesaid, the memorialists are fully authorized and impow-
18
138 PUBLIC RECORDS [May,
ered to sell so much of the said house and lands as shall
be sufficient to raise said sums with the incident chai'ges
arising on such sales ; taking the direction of the court of
probate for the district of Stamford therein.
Upon the memorial of Timothy Backus, Isaac Alerton,
William Underwood, Jacob Johnson, Curtiss Spaulding,
Ezekiel Spaulding, Jabez Fitch iun^ William Bingham,
John Hough, Elkanah Cobb and Obadiah Johnson, some of
them of Piainfield in the county of Windham, dwelling in
that part of Piainfield called Black Hill, and some of them of
the first society of Canterbury, shewing that the dividing line
between said town of Piainfield and the town of Canterbury
is Quinebaug River until it comes to an island in said river
called Pekumset, and then said line runs from said island
east eighty rods to a heap of stones, and then the line
runs south to Norwich line, and that to begin at a line at
said heap of stones and run north five degrees and an half
east 292 rod to a stump with stones about it being a bound
in the west side of the liighway formerly laid out across said
Black Hill, and then northerly in the west line of said high-
way by the head of the lots, and so to continue the same
course to said river about 760 rods, includes all the memorial-
ists and all their farms and land in said Piainfield lying on
the east side of said river, and that the memorialists who are
of Piainfield living on said Black Hill live at great distance
from the meeting-house in said Piainfield and near and
commodious to the meeting-house in the first society in said
Canterbury ; praying that the land and farms contained
in the abovesaid lines and belonging to said memorialists
wdth all the inhabitants thereon, also the other farms, lands
&c. lying within said lines, may be annexed and be joined to
the said first society in said Canterbury, as per memorial on
file : Resolved by this Assembly, that all the lands and
farms on Black Hill which are contained in the aforesaid
lines and now in possession of the said Timothy Backus,
Isaac Alerton, William Underwood, Jacob Johnson, Curtiss
Spaulding, Ezekiel Spaulding, Jabez Fitch jun', William
Bingham, John Hough, Elkanah Cobb, Obadiah Johnson,
together with those persons who are now settled thereon,
also the other farms, lands &c. lying within said lines, shall
be and they are hereby annexed to and joined with the first
society in Canterbury for all the purposes of society and
ecclesiastical privileges onlj'^, but not for schooling, military
or other purposes.
Upon the memorial of Samuel Munson of New Haven,
1773.] OF CONNECTICUT. 139
administrator on the estate of Stephen Munson late of New
Haven, deceas'd, representing that the debts and charges due
from the estate of said deceas'd surmount the moveable part
of said estate £92 14 10 ; praying for liberty to sell so much
of the real estate of said deceas'd as shall be sufficient to pay
said sum together with the incident charges <fec., as per
memorial on file : Resolved by this Assembly, that the
memorialist have liberty, and liberty and. authority is hereby
[238] granted unto him, to sell so much of the || real estate
of said deceased as shall be sufficient to pay said sum of
£92 14 10, lawful money, together with the incident charge
of such sale ; taking the direction of the court of probate for
the district of New Haven therein.
Upon the memorial of John Bradley, executor of the last
will and testament of John Bradley late of New Haven,
deceas'd, representing tliat the debts and charges due from
the estate of said deceas'd surmount the moveable part of
said estate the sum of X144 9 6, and that said deceas'd made
no provision in his will for the payment of said debts ;
praying for liberty to sell so much of said estate as shall be
sufficient to pay said sum together with the incident charge
of such sale, as per memorial on file may appear : Besolved
by this Assembly, that the memorialist have liberty, and
liberty and authority is hereby granted unto him, to sell
so much of the real estate of said deceas'd as shall be
sufficient to pay said sum of X144 9 6, lawful money,
together with the incident charge of such sale ; taking the
direction of the court of probate for the district of New
Haven therein.
Upon the memorial of John Bradley of New Haven, repre-
senting that the debts and charges due from the estate of
Jonathan Bradly late of New Haven, deceas'd, surmount the
moveable part of said estate the sum of £24 5 7i; praying
for liberty to sell so much of the real estate of said deceas'd
as shall be sufficient to pay said sum together with the inci-
dent charges &c., as per memorial on file may appear :
Resolved by this Assembly, that the memorialist have liberty,
and liberty and authority is hereby granted unto him, to sell
so much of the real estate of said deceas'd as shall be suffi-
cient to pay said sum of X24 5 7i, lawful money, together
with the incident charge of such sale ; taking the direction
of the court of probate for the district of New Haven therein.
Upon the memorial of Sarah Gorham of New Haven,
administratrix upon the estate of Timothy Gorham late of
New Haveii, dpceas'd:; representing that the debts and
140 PUBLIC RECORDS {^''^J-,
charges due from the estate of said deceas'd surmount the
moveable part of said estate the sum of ,£88 18 1 ; praying for
liberty to sell so much of the real estate of said deceas'd as
shall be sufficient to pay said sum together with the incident
charges &c., as per memorial on file : Eesolved by this
Assembly, that the memorialist have liberty, and liberty and
authority is hereby granted unto him [sic] to sell so much of
the real estate of said deceased as shall he sufficient to pay-
said sum of X88 18 1, lawful money, together with the inci-
dent charge of such sale ; taking the direction of the court
of probate for the district of New Haven therein.
Upon the memorial of the inhabitants of the town of
Colchester, by their agent Peter Bulkley, Esq^, shewing to
this Assembly that execution hath been issued against said
town by order of the General Assembly in May, 1772, for
£680 12 2|, being for arrears of the Colony tax on said
town on their lists 1761 and 1762, whereof John Hopson
was collector ; that the inhabitants of said town had paid the
whole of said tax to said Hopson, who failed to pay over the
same to the Colony Treasurer and was become insolvent;
that to pay the same over again was difficult and grievous to
said town, especially the poorer of the people &c. ; praying for
liberty to set up and have drawn a lottery, at the proper
risque and charge of said town, to raise the sum of seven
hundred pounds to pay off said taxes in arrear and to be
applied for that purpose by said town &c., as per memorial
on file : E,esolved by this Assembly, that said town of Col-
chester have liberty, and liberty and authority is hereby
granted unto them, to set up and have drawn a lottery, at the
proper risque of said town, so as to raise a sum not exceed-
ing seven hundred pounds, lawful money, to be improved for
[239] the purposes mentioned in said || memorial : the said
town to appoint managers or directors of said lottery to
manage the same: said managers to be sworn to a faithful
discharge of said trust until said lottery be drawn and fully
compleated, and the monies raised thereby to be all justly applied
for the purpose mentioned in said memorial, in such manner
as said town shall direct. And said town of Colchester are
hereby enabled and impowered to take sufiicient bond of such
managers or any other per«on-s, conditioned that said man-
agers shall faithfully execute and perform their trust, so that
the said town may be indemnified and saved harmless and
no injustice be done in the premises. Always provided, that
said "lottery be drawn as soon as may be and within twelve
months from the rising of this Assembly, on penalty that
1778.] OF CONNECTICUT. 141
this grant and liberty, and every clause and article in this
act contained, shalllDe null and void.
Upon the memorial of Peter Bulkley, EsqS of Colchester,
shewing to this Assembly that said town of Colchester have
directed him in behalf of said town, to give security for
the arrearages of the Colony tax due from said town for the
years 1761 and 1762, and praying that such security may be
taken &c , as per memorial on file : Resolved by this Assem-
bly, that the Colony Treasurer do take security for the sums
due on said rates with interest arisen since October last and
cost, payable to the Governor and Company of this Colony
within twelve months from the first day of June, 1773.
Upon the memorial of the Selectmen of Voluntown, shew-
ing to Ibis Assembly that the listers of said town in the
return of said list to the General Assembly in October last
undercast the same X482 16 3 ; that the said list should
have been returned X13200 16 3 ; praying the same may be
corrected &g. : Resolved by this Assembly, that the Treas-
urer of the Colony be and he is hereby directed to add said
sum of .£482 16 3 to the said list returned in October last,
and that said town be thereupon entituled to their school
monies thereon as though no such miscast had been made.
Upon the memorial of Isaac Cleaveland and Sarah his wife,
which Sarah was the late widow and relict of Benjamin Gilson
late of Killingly, deceas'd, and was also administratrix on
the estate of said deceas'd, shewing to this Assembly that
since the estate of said deceas'd was settled and the debts
paid by said administratrix, which took all the moveable estate
of said deceas'd except some necessaries allowed to said
widow, there appears to be just debts due from said estate to
the amount of £35 0, lawful money; praying to this
Assembly to have liberty granted to sell so much of the real
estate of said deceas'd as to pay the sum of X35 0, L.
money, &c. : Resolved by this Assembly, that the memorial-
ists have liberty, and liberty is hereby granted to them, and
they are hereby impowered, to sell so much of the real estate
of said deceas'd as to pay said sum of <£35 0, L. money,
with the necessary charges arising thereon; taking the advice
of the court of probate for the district of Plainfield therein.
On the memorial of Edward Collins, administrator on
the estate of Joseph Hale late of Enfield, deceas'd, for liberty
to make sale of so much of the real estate of the said
deceased as will raise the sum of £9 13 10, lawful money,
for the payment of debts and charges due from said estate,
as per memorial on file : Resolved by this Assembly, that the
142 PUBLIC RECORDS [May,
memorialist have liberty, and it is hereby granted to him, to
make sale of so much of the real estate of the said deceas'd
as will raise said sum of £9 13 1'), lawful money, for the pay-
ment of the debts due from the estate of tiie said deceas'd,
together with incident charges of sale ; taking the direction
of the court of probate for the district of Hartford in the sale
thereof.
Upon the memorial of Rhoda Webster, administratrix on
the estate of John Webster late of Farmington, deceas'd,
shewing to this Assembly that tlie debts and charges due from
the estate of said deceas'd surmount his personal inventoried
estate i£195 1 9 ; praying for liberty to sell lands &g., as per
[240] memorial on file : || Resolved by this Assembly, that
the memorialist have liberty and she is hereby impowered, to
sell so much of the real estate of said deceas'd as will raise
said sum of £195 1 9, L. money, and the incident charges of
sale ; taking the direction of the court of probate for the
district of Farmington therein.
Upon the memorial of Abraham Schellenx, of Chatham in
the county of Hartford, administrator to the estate of Wil-
liam Schellenx late of said Chatham, deceas'd, shewing to
this Assembly that the debts and charges of the estate of the
said deceas'd together with some allf«wance made to the
widow of the said deceas'd surmount the moveable part of
said estate the sum of ^73 1 1, L. money ; praying that tliis
Assembly would authorize some meet person to make sale of
so much of the real estate of the said deceas'd as to make
said sum of X73 1 1, L. money, together with incident
charges arising thereon, as per memorial on file : Where-
upon it is resolved by this Assembly, that Noadiah White of
said Chatham be authorized, and he is hereby authorized, to
make sale of so much of the real estate of the said deceas'd
as to make said sum of X73 1 1, lawful money, together with
the incident charges arising thereon ; he taking the direction
of the court of probate for the district of Midletown therein.
Upon the memorial of Gideon Hecox, of Waterbury in the
county of New Haven, and others, praying for society privi-
leges, Bushnel Bostwick, Thomas Darling and James Wads-
worth jun''. Esq", were appointed a committee in October last,
who have reported that it is convenient and necessary that a
distinct ecclesiastical society be made and constituted within
the following limits, viz : Beginning at a rock near the road
from the town-plat in Waterbury to New Haven, distant from
the moeting-house in Waterbury two miles one half and sixty
rods, called the Mile Rock, to Wallingford line, and thence to
1773.] OF CONNECTICUT. 14?
run east one degree and thirty minutes south to Wallino-fonl
line, tlicnce in said line to the tree called the Three Brothers,
thence south to the Beacon Cap, thence to the soutiieast
corner of a faim formerly belonging to James Richards lying
on Beacon Hill, thence west to the mouth of the Great Spruce
Brook, the west side of Naugatuck River, thence keeping the
brook westwardly to the mouth of the brook that comes off
from Red Oak Hill, thence nortli westerly to the place Avhere
Moss's road crosses Derby line, thence northwardly in said
road to Enos Gunn's dwelling-house, thence a north line so
far as to intersect a west line from said Mile Rock, which
report is accepted and approved : Whereupon it is resolved
by this Assembly, that the inliabitants living within the
limits aforesaid be and they are hereby made and constituted
a distinct ecclesiastical society, with all privileges, powers
and immunities to such societies usually belonging in this
Colony, and shall be known and called by the name of Salem.*
Upon the memorial of Thadeus Burr of Fairfield, sheriff
of Fairfield county, shewing to this Assembly that he has
transferred to the West Indies tlie noted burglarian Richard
Steel, who has for a long time been confined in said county goal
for a bill of cost, whereby this Colony is freed from a dangerous
and troublesome inhabitant, and that he hath therein expended
the sum of £11 17 11 ; praying to be allowed the same, as
per memorial: Resolved by this Assembly, that the memo-
rialist be and he is hereby allowed said sum of £11 17 11,
and the Treasurer of this Colony is hereby directed to pay
the same accordingly.
Upon the memorial of Giles Hall, administrator of the
estate of Joseph Munson, a minor late of Wallingford,
deceas'd, shewing to this Assembly that the debts and charges
allowed against the estate of said deceas'd by the court of
probate for the district of New Haven amount to the sum of
£43 19 4|, and praying for liberty to sell so much of the real
(241] estate of the deceas'd as may be || sufficient to raise
the said sum of £43 19 4f : Resolved by this Assembly, that
the memorialist have liberty, and liberty and authority is
hereby granted to him, to sell so much of the real estate of
said deceas'd as may be sufficient to raise said sum of £43 19
4f with the incident charges arising on such sale; taking the
direction of the court of probate in the district of New
Haven therein.
* The town of Naugatuck, incorporated May, 1844, comprises the greater
part of this society.
114 PUBLIC RECORDS [Maj,
Upon the memorial of Jonathan Clark and Elizabeth Clark,
administrators on the estate of Jonathan Clark jnn% deceas'd,
shewing to this Assemblj^ that the debts, charges and allow-
ances to the widow, as exhibited to and allowed by the court
of probate for the district of Windham, surmount the move-
able inventoried estate of the said deceas'd the sum of £109
1 1, lawful money; praying for liberty to sell so much of the
real estate of said Jonathan, deceas'd, as to raise said sum
&c., as per memorial on file : Resolved by this Assembly, that
said Jonathan have liberty and autliority, and liberty and
authority is hereby given to the said Jonathan, to sell so
much of the real estate of said deceas'd as shall raise said
sum of X109 1 1, lawful money, together with the incident
charges arising thereon ; taking the direction of the court of
probate for the district of Windham therein.
Upon the memorial of Rufus Lathrop, James Hide &c.,
selectmen of the town of Norwich, shewing to this Assembly
that they gave their bond to the Treasurer of this Colony on
the 29th day of June, 1772, for a large sum payable the first
day of June, 1778, since which time they have paid X307
thereof ; praying that said Treasurer may be ordered not to
put said bond in suit until the first day of June, 1774, as per
memorial on file : Resolved by this Assembly, that said
Treasurer be ordered, and he is hereby ordered, not to put
said bond in suit until the first day of June, 1774.
On the memorial of Peter Johnson, of Derby in New Haven
county, shewing to this Assembly that he is conservator
over the estate of Timothy Johnson of said Derby, an aged
and infirm man who by reason of apoplectic fits has lain
bedrid and speechless between three and four years, and
according to the direction of the county court in New Haven
county, he caused an inventory to be made by two freeholders
under oath of all the moveable estate of the said Timothy,
except some small trifles of household furniture in daily use
in the family, and also of the profit of the real estate of the
said Timothy for tlie year past, and also an account of the
debts due to said Timothy amounting to the sum of £59 6 10^,
and also exhibited to said court an account of the debts due
from said Timothy and the costs and charges of taking care
of said Timothy, which in the whole amounted to £111 18 5,
so that there now remains due from said Timothy, according
to the adjustment of said county court 52 11 6^, lawful
money ; and further, that the said Timothy is owner of about
three hundred acres of land, and the greater part of no use
and profit &c. ; praying for liberty to sell as much of the real
1773.] OF CONNECTICUT. 145
estate of the said Timothy as to raise the sum of <£52 11 Q^
with the incident charges arising thereon, as per memorial on
file : Resolved by this Assembly, that the said Peter John-
son and Nathaniel Johnson have liberty and they are hereby'
impowered, to sell so much of the real estate of the said
Timothy Johnson as shall raise the sum of <£52 11 6, lawful
money, with the incident charges arising thereon.
On the memorial of Joseph Hickos, conservator of the per-
son and estate of Samuel Wilkinson of Durham, late deceas'd,
shewing to this Assembly that he exhibited to the adjourned
county court holden at New Haven in and for the said county
of New Haven on the second Tuesday of January, 1773, an
account of charge of taking care of and supporting the said
Samuel from the 18th day of April, 1772, till his death, which
happened about the 15th of January aforesaid, amounting to
the sum of £17 3 1, which was allowed by said court, and
also an account of the rent of the land to the amount of
<£6 10 was exhibited, and that there remained due
to the said conservator the sum of ,£11 3 1, and allowed
[242] to him || by said court ; praying to this Assembly for
liberty to sell so much of the land of the said Samuel as
shall be sufficient to pay said sum of Xll 3 1 with incident
charges of sale &c. : Resolved by this Assembly, that liberty
be granted, and liberty is hereby granted for the selling so
much of the land of the said deceas'd Samuel Wilkinson as
prayed for ; and James Wads worth jun'', Esq% of said Dur-
ham, is hereby authorized and fully impowered to make sale
of so much of the said lands as shall be sufficient to pay to
the said conservator the said sum of £11 3 1, lawful money,
and make return of his doings thereon unto the court of
probate in the district of Midletown.
Upon the memorial of Grideon Chapman of Colchester,
administrator on the estate of Zipporah Chapman late of said
Colchester, deceas'd, shewing to this Assembly that the
debts due from said estate surmount the inventoried movea-
ble estate of the said Zipporah the sum of £5 5 10, lawful
money, and nothing in the hands of said administrator to pay
the same ; praying for some meet person to be appointed to
sell lands of the said deceas'd to raise said sum with incident
charges, as per memorial on file : Resolved by this Assem-
bly, that Elias Wortliington of said Colchester be appointed
and he is hereby appointed and impowered, to sell so much of
the lands of the said Zipporah deceas'd as shall procure said
sum of £5 5 10 with incident charges arising thereon ; tak-
ing the direction of the judge of probate for the district of
19
146 PUBLIC RECORDS [May,
EastHadam therein, and account with said administrator for
said monies.
Upon the memorial of Moses Hill, of Farmington in the
county of Hartford, shewing to this Assembly that for many
years last past he has been nominated and licensed to
keep a house of entertainment ; that at the meeting of the
civil authority &c. of said Farmington in January, 1773,
there were objections laid in against him as a person unfit to
keep such house, and he not being present to obviate them
said authority &c. omitted to nominate him for said pur-
pose ; that he has since fully convinced and satisfied said
authority, selectmen and others by law enabled to make
said nomination, that the objections to him were illfounded,
and that they have since, viz. in April last, nominated him
to keep such house of entertainment and that he has offered
said nomination to the county court of said county and
moved for licence accordingly, but said court being of opin-
ion that said nomination in this case might legally be made
only in the month of January could not grant such licence,
and praying this Assembly to grant him such licence &c., as
per memorial on file, and such nomination and recommenda-
tion under the hands of said authority &c. being exhibited
to this Assembly : Resolved by this Assembly, that the said
Moses Hill be and he is hereby licenced to keep a house of
publick entertainment in said Farmington the current year,
under the same regulations and i-estrictions as other such
licenced houses in this Colony by law are, lie first lodging
with the treasurer of said county a bond well executed for
a due observance of all the laws of this Colony respecting
licenced houses of entertainment, according to the true intent
and meaning of the law in such case provided.
Upon the memorial of James Bill and others, inhabitants
of the northerly part of the society of Goshen in Lebanon,
praying to be made a distinct ecclesiastical society &c., on
which memorial Eliphalet Dyer, Jabez Huntington and Ben-
jamin Hall, Esq'-, were appointed a committee to repair to
said society and take into consideration the state, circum-
stances and unhappy disputes &c. in said society, and make
report thereon to this Assembly, which committee having
now made their report to this Assembly in. favour of said
society's being divided into two distinct ecclesiastical socie-
ties by a line fully described in said report, as by said report
&c. on file : Resolved by this Assembly, that said society
shall be and hereby is divided by the following line, viz.
Beginning at the road on Colchester line near the house of
1773.]
OF CONNECTICUT
147
Darius Hills, thence as said road runs northerly till said
road comes into the north pond road, so called, thence
northerly, leaving Ebenezer Hincley upon the east, a straight
line to the road leading from Lebanon to Colchester at a
place on said road ten rods westerly of Benjamin Woods
dwelling-house, thence crossing said road easterly to a place
on the line dividing between Lebanon first society and said
Goshen society thirty rods northerly of the place where said
road or Chappels street crosses said line ; and that all that
[243] II part of the said society of Goshen lying north-
westerly of said line be and they are hereby made and con-
stituted a distinct ecclesiastical society, with such powers
and privileges as other ecclesiastical societies in this Col-
ony by law have and enjoy ; to be called, known and distin-
guished by the name of Exeter.
The Sums Total of the Additions (single and fourfold) to the Lists of the
several Towns in this Colony, sent in to this Assembly
are as follow, viz.
Siiiffle.
Fourfold.
Single.
Fourfold.
Hartford,
£560
1
£0
Preston,
£698 19
0£452
18
Willington,
116
13
1
4
Stoain2:ton,
no
return.
Eufield,
180
17
144
Fairfield,
542 3
3
620
6
Stafford,
90
17
Stratford,
882 18
3
Tolland,
18
14
231
Stamford,
112 2
6
1096
3
Haddam,
283
11
16
Nor walk,
363 3
74-
422
12
Glastonbury,
, 522
3
6
Greenwich,
880 5
8
961
7
4
Chatham,
46
8
Newtown,
513 12
2
Sominers,
84
9
Dan bury.
463 13
1
253
10
Hebron,
706
Reding,
254 14
6
305
14
Bolton,
230
9
168
10
NewFairfield
, 104 16
11
167
6
Colchester,
115
9
1164
10
Ridgtield,
346 7
3
243
18
East Windso
r,342
12
Windham,
837 12
10
302
1
East Hadam,
475
8
158
8
Canterbury,
810 14
6
Farmington,
488
11
1080
12
Coventry,
10 17
6
58
16
Midletown,
650
Woodstock,
511 10
Suffleld,
64
16
Killingley,
508 4
Windsor,
261
19
2
269
8
Mansfield,
269 8
8
Symsbury,
14
19
Plainfield,
425 3
Weathersfield,182
15
37
16
Pomfrett,
260
310
6
New Haven,
2538
8
6
299
10
Lebanon,
271 2
6
691
12
Guilford,
68
13
5
Ashford,
73 13
Milford,
338
5
2008
10
Volentown,
147 13
211
12
Darby,
278
7
6
172
Litchfield,
455 2
162
8
Branford,
235
15
Woodbury,
667
6
470
18
Durham,
97 11
New Milford,
, 253 16
11
220
Waterbury,
1077
7
119
New Hartford, 1 13
28
16
Wallingford,
1000
8
1115
18
Sharon,
545 14
New London,1090 IQ
Torrington,
224 12
6
Norwich,
335
310
8
Kent,
10 11
1
29
10
Saybrook,
945
15
511
9
Salisbury,
no return.
Lyme,
1260 15
7
1144
Harwington,
97 6
Groton,
no return
Cornwall,
326
16
Killiugworth, 341 18 6
To the Honi'ie General Assembly of the Colony of Connec-
ticut now sitting at Hartford :
148 PUBLIC RECORDS [^ay,
The memorial of George Wyllys, Esq"-, Secretary of this
Colony, humbly sheweth,
That your Honours at your sessions at Hartford on the
second Thursday of May, 1772, ordered and directed your
memorialist to procure the first antient book of records of
this Colony remaining in said Secretary's office and the first
book of records of the jurisdiction of New Haven in the office
[244] of the town-clerk of the || town of New Haven, to be
fairly transcribed into some proper book or books, to be by your
memorialist procured for that purpose and laid before this
Assembly to be compared and duly authenticated for common
use &c., as by said act of Assembly appears : In obedience to
your Honors' direction, your memorialist has procured proper
books and caused said first antient book of records remain-
ing in said Secretary's office to be fairly transcribed, and
are now ready to be laid before your Honors to be compared
and authenticated &c., for the purpose in said act expressed ;
which records consist of five hundred and two pages in folio,
and at one shilling per page amounts to twenty-five pounds,
lawful money, which your memorialist conceives to be hut a
reasonable reward for said services, and praying your Hon-
ors to order and direct the Treasurer to pay your memori-
alist said sum out of the Colony treasury. All which is
humbly submitted to your Honors by your Honors' memori-
alist, who as in duty bound shall ever pray.
Dated May 20th, 1773. George Wyllys, Secret'ry.
In the Upjoer Souse : The prayer of the above memorial is
granted, and the Treasurer of this Colony is hereby directed
to pay the said sum of X 25 to the memorialist accord-
ingly. And it is further resolved, that the Secretary of this
Colony do compare and authenticate the said book of records
and attest the same to be a true copy of the original, and
deposit the same in his office, there to remain for publick use.
Test. George Wyllys, Secr'ty.
Concurr'd in the Lower House.
Test. William Williams, Clerk.
On the petition of Peletiah Pierce, of Hartford in the
county of Hartford, vs. John Benton of Hartford aforesaid,
dated April 6, 1772, as on file, by sundry continuances lying
before this Assembly: The question was now put, whether
the pleas offered by the respondent in abatement of said
petition are sufficient to abate the same: Resolved by this
Assembly in the affirmative.
On the petition of John Borland, of Cambridge in the
county of Midlesex and Province of Massachusets Bay, vi<.
1773.] OF CONNECTICUT. 149
John Rew, of Farmington in the county of Hartford, dated
May 4t]i, 1772, as on file, by continuance from the General
Assembly holden at Hartford on the second Thursday of
October last : The question was now put, whether the pleas
offered by the respondent in abatement of said petition are
sufficient to abate the same : Resolved by this Assembly in
the affirmative. Cost allowed respondetit is X410s. 4d. Ex.
granted June 18^A, 1773.
On the petition of Nathaniel Shaw and Nathaniel Shaw
jun% both of New London in the county of New London, vs.
John Lambert jun', of Boston in the county of Suffolk and
Province of the Massachusets Bay, dated August 16th, 1771,
as on file, by sundry continuances lying before this Assem-
bly : The question was now put, whether there is error in the
judgment of the superior court referred to in said petition, as
the petitioners have therein alledged and complained of:
Resolved by this Assembly in the negative. Cost alloived
respondent is £5 0. Ex. granted June 5th, 1773.
On the petition of "Warham Williams and Anne Williams
his wife, both of Branford in the county of New Haven, John
Foot and Abigail Foot his wife, both of Wallingford in said
New Haven county, and Samuel Ufford Beach and Lucy Hall
Beach of said Wallingford, minors, children and heirs of Mary
Beach late of said Wallingford, deceas'd, who petition by their
father and guardian Samuel Beach of said Wallingford, vs.
Elisha Bigelow, Joseph Bigelow and Mary Bigelow, children
and heirs of Joseph Bigelow, late of Hartford in the county
of Hartford, deceas'd, dated May 5th, 1772, as on file, by
continuance from the General Assembly holden at Hartford
[sicl on the second Thursday of October, 1772: The question
was now put, whether the pleas offered in abatement of said
petition are sufficient to alDate the same : Resolved by this
Assembly in the affirmative. Cost allowed respondents is
J^4: 5 8. jEx. granted June 6th, 1773.
On the petition of Jonathan Miller jutf , of Farmington in
the county of Hartford, vs. Barnabas Thomson of said Farm-
ington, living within and being one of the principal inhabi-
tants of the society of Northington in said town, and the
rest of the inhabitants of said society, dated May 5th, 1772,
as on file, by continuance from the General Assembly holden
at Hartford \_sie] on the second Thursday of Oct. 1772: The
question was now put, whether the pleas offered in abate-
ment of said petition are sutficient to abate the same:
Resolved by this Assembly in the affirmative. Cost allowed
respondents is £2 15 10. Ex. granted June 12th, 1773.
150 PUBLIC RECORDS [^^Jj
[245] On the petition of Jonathan Peters, of Hebron in the
county of Hartford, and Abigail his wife, wliich Jonathan
petitions in riglit of his said wife, John Foot of said Hebron
and Anne liis wife, whicli John Foot petitions in right of his
said wife, Luman Long of Windsor in said county and Sarah
his wife late Sarah Perkins of said Hebron one of the chil-
dren and heirs of Sarah Perkins, deceas'd, late wife of John
Perkins of said Hebron, which Luman petitions in right of
his said wife, Elijah Man of said Hebron and Mary his wife
likewise lately Mary Perkins and one of the children and
heirs of said Sarah Perkins late wife of said John Perkins,
which EHjah Man petitions in right of his said wife, John
Perkins jun'', Lidia Perkins and Martha Perkins, all of said
Hel)ron, minors, likewise children and heirs of said deceas'd
Sarah, and petition by said John Perkins their father and
guardian, John Post, Mary Post, Dinah Post, Mind well Post,
Joseph Otis Post and Anne Post, all of said Hebron, minors,
and children and heirs of Mary the late wife of Peter Post of
said Hebron, who petition by said Peter Post their father
and guardian, vs. Ezekiel Horton, Daniel Newcomb, David
Barber, Esq'', and Abigail his wife, all of Hebron in the
county of Hartford, and others named in said petition,
respondents, as per petition on file, dated September 23d,
1772, by continuance from the General Assembly holden at
New Haven on the second Thursday of October, 1772 : The
question was now put, whether the pleas offered by the
respondents in abatement of this petition are sufficient to
abate the same : Resolved by this Assembly in the affirmative.
Cost allotoed respondents is £2 18 2. SJx. granted Octoh.
IQth, 1773.
On the petition of George Smith and Joseph Talcott jun%
both of Hartford in the county of Hartford, administrators
on the estate of Richard Edwards late of said Hartford,
deceas'd, vs. Sarah Hooker and Daniel Hooker, both of said
Hartford, administrators of the estate of Daniel Hooker late
of said Hartford, deceas'd, dated September 28th, 1772, as on
file, by continuance from the General Assembly holden at
New Haven on the second Thursday of October, 1772 : The
question was now put, whether the pleas offered in abate-
ment of said petition are sufficient to abate the same:
Resolved by this Assembly in the affirmative. Cost allowed
respondents ^s X3 2 8. Ex. granted Jidy 8th, 1773.
On the petition of Millesent Wadsworth, of Hartford in
the county of Hartford, widow, vs. William Hall, of Hartford
in the county aforesaid, dated May 6th, 1773, as on file: The
1773.] OF CONNECTICUT. I5l
question was put, whether the pleas offered on the part of
the respondent in abatement of this petition are sufficient to
abate the same : Resolved by this Assembly in the affirmative.
Cost alloived respondent is £\ 2s. Oc?.
On the petition of John Clapp, of Greenwich in the county
of Fairfield, vs. John Gregg, of Greenwich in the county
aforesaid, dated April 24th, 1772, as on file, by continuance
from the General Assembly holden at Hartford [sic\ on the
second Thursday of Oct. 1772 : The question was now put,
whether the pleas offered on the part of the respondent in
abatement of this petition are sufficient to abate the same :
Resolved by this Assembly in the affirmative, for that it
appears that the petitioner hath proper and full remedy in
the premises by application to the county court from which
said execution issued.
On the petition of Benjamin Payne, Thomas Seymour,
James Nichols, Isaac Sheldon, Timothy Cowles, John Wells
and Noah Webster, all selectmen and agents of the town of
Hartford in the county of Hartford, vs. John Lawrence, Esq%
of said Hartford, Treasurer of the Colony of Connecticut,
dated September 80th, 1771, by sundry continuances lying
before this Assembly: The question was now put, whether
tlie prayer of this petition should be granted, and resolved by
this Assembly in the negative.
Cost allowed William Fitch, of the manor of Ranselear in
the County of Albany in the Province of New York, for
attendance &c. to answer a certain petition dated March
13th, 1772, preferred against him by Ralph Pomeroy and
Eleazer Pomeroy, both of Hartford in the county of Hartford,
late traders in company, and by them now withdrawn, is
<£4 13 6, L. money. Ex. granted July 8th, 1773.
Cost allowed Messrs. John Kneeland, Samuel Grant of
Boston, and Samuel Tozer of Colchester, for attendance &c.
to answer a certain petition dated April 27th, 1773, preferred
against them by Noah Sexton of Colchester in the county of
Hartford, and by him now withdrawn, is £1 16 0, lawful
money.
This Assembly grants to Capt. Titus Hurlburt three
pounds thirteen shillings and seven pence, for his service in
taking care of the battery and stores in the same at New
London and hoisting the flag &c., and for discharging the
within account.
[246] This Assembly grants to his Honor Governor Trum-
bull the sum of one hundred and fifty pounds, lawful money,
for the first half of his salary the current year.
152
PUBLIC RECORDS
[May,
This Asseml3ly grants to the Hon^'^'^ Deputy Governor
Griswold the sum of fifty pounds, lawful money, for the first
half of his salary the current year.
This Assembly grants to John Lawrence, Esq'", Treasurer
of this Colony, the sum of one hundred and eighty pounds,
for his salary the year past.
This Assembly grants to George Wyllys, Esq"", Secretary
of this Colony, the sum of twenty pounds, lawful money, for
his salary the year past.
Resolved by this Assembly, That the further consideration
of the several petitions and memorials contained in the fol-
lowing list be referred and continued to the General Assembly
to be held at New Haven on the second Thursday of October
next, viz:
James Bates v. Town of Haddam.
John King v. Isaac Johnson.
Aaron Cleaveland v. James
Dixon.
Daniel Belden v. Thomas Belden,
Esq"-.
Peter E. Livingston v. South
Society in Hartford.
Isaac Bid well v. William Pitkin,
Esq'".
David Clarkson v. Zebad. Brown.
George Foliot v. Eleazer Fitch.
"Wallingford v. Midletown.
Benjamin Horton v. Wm. Under-
wood.
"William Tiley v. John Walker.
Gurdon Saltonstall v. Philip Liv-
ingston.
Keeney & Burton v. Joseph
Jackson.
John Gillett v. Ebenezer Gillett.
Philip Daggett v. William Jones.
Jabez Huntington v. Hugh Led-
lie.
Ezekiel Pierce v. Samuel Stew-
art.
Ricliard Smith's memoriah
Josiah Case v. Moses Griswold.
Treasury matters v. Joseph Hast-
ings &c.
John Royce v. David Williams.
Mary Harrison v Jonath. Fitch.
Abner Chandler's memorial.
Ebenezer Hall v. Daniel Morriss.
Society of Orford.
Nathaniel Sherman v. Society of
Mount Carmel.
Sarah Hooker v. Titus and
George Hosmer.
Reynold Marvin v. Benjamin
Douglas.
John Hoy V. William McCracan.
Samuel Talcott v. James Nichols.
William tlall's memorial.
Joshua Leonard v. Eleazer Fitch.
David Wheeler v. Ezra Wheeler.
Daniel Harriss v. Town of Pres-
ton.
Sampson Sim son v. Abraham
Brunson.
Thomas Barber v. Rachel Dowe.
Samuel Chapman v. John Ray.
Samuel Williams' memorial.
Eleazer Cary v. Hugh Ledlie.
John Bradick v. Ezekiel Pox.
Gurdon Saltonstall v. John Still
Winthrop.
John Hunt v. Shadrach Hubbell.
William B. Brown v. Nathan
Hicox.
Judah Swift.
William Pitkin v. Jonath. Chip-
man.
James Thomson v. Daniel Payne.
Silvanus Bishop v. Benjamin
Douglass.
1773.]
OP CONNECTICUT.
153
Ichabod Fitch v. Joseph Talcott.
John Perkins v. Jonathan Peters.
Ebenezer Grant v. Chester Wells.
Benja. Marcy v. Town of Ash-
ford.
Peter Vandervoort v. Hugh
Thomson.
[247] James Perry v. Town of
Darby.
Jabez Hamblin v. 1st Society
Midletown.
Jonathan Ashley v. "William
Hooker.
James Heaton.
Thomas Lee ?;. James Taylor.
Daniel Payne v. Blias Robbins.
Samuel Colton v. Jonath. Terry.
Caleb Turner v. Stephen Turner.
Jacob Pinto v. Peter Ketteltas.
Ralph Pomeroy v. Pantry Jones.
John Hill V. James Jauncey &c.
Samuel Gillet's memorial.
Black Hill memorial.
Chauncey Bulkley memorial.
Elisha Seabury.
Bphraim Lewiss v. Joseph I sham
&c.
Jack and Jude v. Oliver Bulkley.
Benja. Wyncoop v. Samuel
Couch.
Stiles Curtiss v. Town of Strat-
ford.
Roswell Mills v. Joel Loomiss.
Odiah Loomiss v. James Cornish.
Abraham Palmer v. Samuel Pal-
mer.
Mathaniel Drake v. 1 Society B.
Windsor.
Eliz Hubbard v. "Wm. Saml.
Johnson.
Daniel Payne v. Nathan Utley.
Samuel Wolcott v. Blisha Wil-
liams.
Seth Austin v. Samuel Kent &c.
Oliver Hanchet v. Medad Pome
roy.
Sam'lFaulknerw. Caleb Faulkner.
Bliza WiUford's memorial
Dudley Wood bridge v. Samuel
Cheeseborough.
20
Elisha Royce v. John Gould.
Robert Jameson's memorial.
Sylvanus Gardiner v. William
Jepson.
Ashford memorial.
Daniel Pratt v. John Thomas.
Luther Shepard's memorial.
John Davis v. William Daviss.
Joseph Austin's memorial.
Nathaniel Ainsworth's memorial.
John Foot V. Seth Bartlett.
Joel Case v. Amos Wilcox.
William French's memorial.
Solomon Clark v. William Hall.
Daniel Waterman v. James Flint.
Blisha Keyes' memorial.
Josiah Ames v. John King.
Josiah Phelps v. John Lewiss.
Ebenezer Case's memorial.
Silvanus Phelps' memorial.
Nathan Abbey memorial.
Joseph Heaton v. Benjamin Ba-
con.
Robert Rose v. Joseph Rose.
Blisha Whittelsy v. Stephen
Hall.
Blisha Webster v. Jona. Rob-
bins.
Benjamin Trumbull v. Bemsly
Peters.
Josiah Blacksley v. Isaac Sears.
James Cornish V. Odiah Loomiss.
Mary Mallery v. Bazil Munson.
Stephen Burrit v. James Jaun-
cey.
Pantry Jones v. Town of Hart-
ford.
Josiah Hammond v. Town of
Mansfield.
Uriah Bingham v. Town of Mans-
field.
Aaron Austin v. Stephen Gillett.
Samuel Butler v. Samuel Tal-
cott.
Beecher &c. v. Hotchkiss.
Greenwich v. Stamford.
Isaac Bid well v. Samuel North.
Jesse Ives v. John Ives.
Samuel Parsons jun'' v. James
Wadsworth,
154
PUBLIC RECOEDS
[May,
Benja. Atwater v. 1st Society
Wallingford.
John Gardiner v. John McCurdy.
Ephraim Minor v. Ephraim
Woodbridge.
Daniel Fish's memorial.
Rufus Minor v. Ephraim Wood-
b ridge.
Allen Curtiss' memorial.
Eliphaiet Beecher v. Constant
Kirtland.
Joseph Talcott, Esq'', memorial.
William Adams v. John Rich-
ards &c.
Daniel Pratt v. John Thomas.
Stephen Goodwin v. John Skin-
ner jun"".
Roger Brown &c. v. Horse Neck
Parish.
Samuel Russell &c. v. Edward
Allen
Daniel Bennett v. Joseph. Isham
&c.
Jona. Robbins v. Jonath. Roberts.
John Seymour v. Elisha Sey-
mour.
Millisent Wadsworth v. William
Hall.
Isaac Hall v. Society of Meriden.
Roswell Mills v. Joseph. Talcott,
Esq.
Robert Sanford v. Thomas Burr
&c.
Sarah Wolcott v. Jeremiah Wol-
cott.
Daniel Bradley &c. v. Ebenez.
Fitch.
Wilham Foster v. Richard Brains-
ford.
Ebenezer Punderson v. Ezra
Chapman.
Ebenezer Harlow v. Edward
Hancock.
James Sherman v. Selectmen of
New London.
Joseph Rude v. Benjamin Coit,
Esq^
Joseph Minor v. Charles Phelps.
Obadiah Hurlburt's memorial.
John Greg's memorial.
Samuel Hazard v. Wm. Brown.
William Jordan.
Milford Listers.
Joseph Foot V. 1st Society in
Symsbury.
Samuel Stiles &c. v. Return
Strong &c.
Charles Caldwell v. James Cald-
well.
William Saml Johnson Esq' v.
Theoph. Nichols Esq'' &c.
Richard Bushnell v. Ebenez.
Fitch &c.
Nathan Beers &c. v. Eneas
Munson &c.
Joseph Tomlinson v. Agur Tom-
linson &c.
Thomas Seymour v. William
Stanly.
Benjamin Waters v. Elijah Clapp.
Joseph Rowlandson v. Abram
Harriss.
Josiah Phelps v. John Lewiss &c.
Aaron Hitchcock v. John Lewiss.
Benja. Douglas v. James Pier-
point.
John Hotchkiss v. Isaac Man.
Noah Phelps v. Zacheus Allen.
Jacob Pinto v. Michael Todd.
Yale Bishop v. Joshua Chandler.
Jonath. Metcalf &c. v. Zeb. Bab-
cock &c.
Joshua Phelps v. Joseph Webb
&c.
Solomon Martin v. Timothy Jud-
son.
Mathew Gilbert &c. v. Elisha
Booth.
Isaiah Burr v. Nath' Burr.
Hez. Spencer v. Enfield Society.
Greenwich Listers v. Sarah
Mead.
William Pitkin, Esq' v. Eben-
ezer Grant.
Ephraim Cook jun'' v. Silvanus
Gardiner.
1773.]
OP CONNECTICUT.
155
Moses Smith v. Nath' Ains-
worth.
John Bliss v. James Harper.
Phineas Lyman E. v. Ebenez.
Allyn &c.
Ebenez. Fitch v. Eliph' Dyer,
Esq'.
Dick Hull V. Daniel Tyler.
John King v. Isaac Johnson.
Aaron Hiuman v. Moses Bris-
tol.
Anne Baldwin v. Stephen Bald-
win.
Noah Sexton v. Samuel Tozer
&c.
Titus Brockett jun'' v. Elisha
Bi'ockett.
S. M.. Milford v. John Gunn.
David Phelps' memorial
Jonath. Gillett &c. v. Worthing-
ton Society.
John Keith &c.
Zacha. Waldo &c.
Justus Miles.
William Fowler v. Richard
Wainsford.
Lem' Stoughton &c. v. East
Windsor &c.
John McLean.
Greenwich Listers v, Sarah
Mead.
Weathersfield Society memorial.
Zeb. Hibbard's memorial.
Ralph Isaacs' memorial,
Nathaniel Gillett &c. memorial.
Susannah Grant's memorial.
Selectmen of Lebanon's memo.
rial.
Towns of Hartford and Farm-
ington memorial.
Ralph Isaacs' memorial.
Samuel Gray, Esq"', &c. memo-
rial.
Selectmen of New Haven.
Abraham Sedgwick memorial.
Ebenezer Devotion v. Town of
Norwich.
Phineas Lyman Esq'', v. Asa
Holcomb.
Sarah Hallam v. William Bay-
ard, Esq''.
Ruth Brewster v. Elizabeth
Smith.
Caleb Culver v. Job Yale.
John Dorence v. Joseph Curtiss
Negro's memorial.
Lemuel Roberts &c. memorial.
Ebenez. Case memorial.
Nehemiah Andrews &c.
Oliver Trumbull &c.
Joseph Beebe.
Henry Allyn, Esq'', v. Ebenezer
Bhss &c.
Jerusha Merrick &c.
Edward Livingsworth v. Ripton
Society.
William Shirtliff &c. v. Tolland.
Dudley Woodbridge &c. memo-
rial.
Rev** Josh* Belden memorial.
Phebe Smith's memorial
Henry Allyn, Esq"', memorial.
Amos Richardson's memorial.
Abraham Pinney's memorial.
Phebe Smith memorial.
Nehemiah Andrews &c. memo-
rial.
John Durkey &c. memorial.
Nehemiah Tinker &c. memorial.
Joseph Moore's memorial.
Stephen Richardson &c. memo-
rial.
This Assembly was adjourned by proclamation &c. until
the Governor, or in his absence the Deputy Governor, shall
see cause to call it to meet again.
Teste George Wtllys, Secret'y.
156 PUBLIC RECORDS [May,
In the House of Bepresentatives of the Colony of Connecticut, Friday,
21st May, 13th Geo. 3d, 1773.
Mr. Speaker having laid before the House a letter from the
Speaker of the House of Burgesses of the Colony of Virginia, con-
taining certain resolutions entered into by said House on the 12th
of March last: This House, taking into consideration the contents
of said letter, the abovementioned resolutions and the reasons on
which they are grounded, are of opinion that they are weighty
and important, in their nature and design calculated and tending
to produce happy and salutary effects in securing and supporting
the antient, legal and constitutional rights of this and the Colonies
in general, do approve of and adopt the measure.
A7id thereupon resolve, That a standing Committee of Correspond-
ence and Enquiry be appointed, to consist of nine persons, viz.: the
Hon. Ebenezer Silliman, Esq', William Williams, Benjamin Payne,
Samuel Holden Parsons, Nathaniel Wales, Silas Deane, Samuel
Bishop, Joseph Trumbull and Erastus Wolcott, Esquires; whose
business it shall be to obtain all such intelligence, and to keep up
and maintain a correspondence and communication with our sister
Colonies, respecting the important considerations mentioned and
expressed in the aforesaid resolutions of the patriotic House of
Burgesses of the Colony of Virginia, and the result of such their
proceedings, from time to time to lay before this House.
Resolved, That the Speaker of this House do transmit to the
Speakers of the different Assemblies of the British Colonies on this
continent copies of these resolutions, and request that they would
come into similar measures, and communicate from time to time
with the said committee on all matters wherein the common wel-
fare and safety of the Colonies are concerned.
Conn. Courant, Ko. 440. May 25-June 1, 1773.
R. I. Colonial Records, vii, 225-231, N. Hamps. Provincial Papers,
vii, 355-6.
[36] At a meeting of the Governor and Council of the Col-
ony OF Connecticut convened at Hartford, May 14th,
1773.
Present: Hon'''* Jonathan Trumbull, Governor.
Hon"* Matthew Griswold, Deputy Governor.
Jabez Hamlin, Eoger Sherman, '^
Shubael Conant, Abraham Davenport,
Elisha Sheldon, Wm. Sam" Johnson, \ Assistants
Eliphalet Dyer, Joseph Spencer, r ^ •
Jabez Huntington, Oliver Wolcott, and
William Pitkin, James A. Hilhouse, Esquires.
The selectmen of several towns and private persons having laid
before this Board bills of expences for the support of transient per-
sons &c., who by law are to be supported by this Colony ; which
accounts exhibited as follows, viz :
1773.] OF CONNECTICUT. 157
Benjamin Sumner, Esq'', of Ashford, for supporting John Mil-
lard, £1 6 7. Order given June 1st 177 S.
Joseph Webb and Solomon Stodard, for supporting an Indian
man, £6 10 9. Order given.
The selectmen of Ashford, for supporting John Millard, two
pounds fifteen shilhngs. Order given 1st June 1773.
The selectmen of Litchfield, for supporting John Kelley, four
pounds five shillings and two pence. Order given Jane 1st 177S.
Docf Thomas Coit, for doctoring Joseph Whittaker, £1 8 4.
Order given June 1st 1773.
Docf Thomas Coit, for doctoring Thomas Blanchfield, £4 15 9.
Order given June 1st 1773.
Docf Thomas Little, for doctoring Michal McMuUen, £1 19 5.
Order given June 1st 1773.
[37] 'I'he selectmen of Sharon, for supporting Peter Gembleton
£14 1 3. Order given June 1st 1773.
The selectmen of New Milford, for supporting John Swaney and
Richard Ones and wife, £6 7 9. Order given June 1st 1773.
Docf Simeon Smith of Sharon, for doctoring John Money &c.
£0 9 6. Order given June 1st 1773.
The selectmen of Branford, for supporting one Christopher Pate
£1 5 0. Order given 1st June 1773.
Peter Burnham, Wethei-sfield, for supporting Patrick Erwin, £16
15 0. Order given June 1st 1773.
The selectmen of Preston, for supporting James McGray, £113
6. Order given June 1st 1773.
Thaddeus Burr, Fairfield, for supporting Christiana Tomey, £4 4
9. Order given June 1st 1773.
Capt. Benjamin AUyn, Windsor, for supporting and doctoring an
Indian and squaw, £8 6 3.
The selectmen of Windsor, for supporting Charles, an Indian
man, £3 3. Order given June Jfth 1773.
The selectmen of Norwalk, for supporting Daniel McMallas, £2
14 4. For Wm. Shoot £9 7 7. Also for said Wm. Shoot, £9 6
0. Orders given May 20th 1773.
The selectmen of Mansfield, for supporting Eliz*'' Kelley, £4 7 0.
Order given May 20th 1773.
The selectmen of Groton, for supporting David Alverson, £13
0. Order given 25lh May 1773.
[38] The selectmen of Farmington, for supporting Stephen Bovd
&c. £10 2 11. Order given May 20th 1773.
The selectmen of Coventry, for supporting John Bowdish, £13
5 3. Order given May 20th 1773.
The selectmen of Coventry, for supporting said John Bowdish
£7 5 4. Order given May 20th 1773.
Abraham Burnap of Coventry, for supporting and cloathing
William Salley, £6 2 0. Order given May 20th 1773.
The selectmen of East Haddam, for supporting and doctoring
John Bessley, £15 11 6. Order given May 20th 1773.
158 PUBLIC RECORDS [October,
The selectmen of Saybrook, for supporting Mary Brown, £13 17
9. Order given May 20th 1773.
The selectmen of Hartford, for supporting and doctoring Thomas
Braddock, £6 17 10. Order given 20th May 1773.
The selectmen of Vollentown, for supporting Sarah Nape and
child. £4 4 0. Order given May 20tk 1773.
Doctor Parker Morse, Pomfret, for doctoring Ann Sawyer, £2 8
0. Order given May Wth, 1773.
The selectmen of Danbury, for supporting W"" Williams, £3 14
1. Order given May 20th 1773.
Docf John Watrous, Colchester, for doctoring John Boseley
£5 5 4. Order given May 20th 1773.
The selectmen of New Haven, for supporting sundry transient
persons, £50 14 9. Order given June 1st 1773.
The selectmen of Middleton, for supporting sundry transient
persons, £7 13 8. Order given October 29 1773.
[39] Doctor Maken, Hartford, for doctoring William Williams
£3 112. Order given June ^ 1773.
Nathaniel Crow, Hartford, for supporting William Williams,
lame and sick, £5 1 2. Order given June ^ 1773.
The selectmen of Norwalk, for supporting Sarah Knap &c., £14
12 7. Order given June 1st 1773.
The selectmen of Woodstock, for supporting Ann Sawyer, £8
0. Order given 20th May 1773.
To Mr. Sheriff Williams, for temiing the General Assembly and
sundry disbursements, £24 6 0. Order given Jf.th June 1773.
[251] Anno Regni Regis G-eorgii tertii decimo-tertio.
At a General Assembly of the Governor and Company
OF THE English Colony of Connecticut in New England
in America, holden at New Haven in said Colony on
THE second Thursday of October, being the fourteenth
DAY of said month, AND CONTINUED BY SEVERAL ADJOURN-
MENTS TO THE FIFTH DAY OF NOVEMBER NEXT FOLLOWING,
ANNOQUE Domini 1773.
Present :
The Honorable Jonathan Trumbull, Esq"", Crovernor.
The Honorable Mathew Griswold, Esq"", Deputy Governor.
Jabez Hamlin, Esqi", E,oger Sherman, Esq"",
Shubael Conant, Esq"", Abraham Davenport, Esq"",
Elisha Sheldon, Esq"", William Samuel Johnson, Esqf
Eliphalet Dyer, Esq', Joseph Spencer, Esq',
Jabez Huntington, Esq', Oliver Wolcott, Esq"",
William Pitkin, Esq', James Abraham Hilhouse,Esq'",
1773.] OP CONNECTICUT. ]59
Representatives or Deputies of the Freemen of the several
towns are as follow, viz :
Colo. John Pitkin, Mr. Benja. Payne, for Hartford.
Capt. Jabez Brainerd, Capt. John Brooks, for Haddam.
Capt. Hez. Humphry, Capt. Jona. Pettibone, for Symsbury.
Mr. William Wolcott, Maj. Erastus Wolcott, for East Windsor.
Mr. Daniel Brainerd, Mr. Jabez Chapman, for East Haddam.
Mr. Reuben Sikes, Mr. Zerah Kibbee, for Somers.
[252] Capt. Abner Barker, Mr. Elijah Fenton, for Willington.
Phineas Lyman, Esq"", Mr. Alexander King, for Suffield.
Capt. Thomas Belding, Mr. Silas Dean, for Weathersfieid.
Mr. Josiah Converse, Mr. Joshua Puller, for Stafford.
Mr. Peter Reynolds, Mr. Nathaniel Terry, for Enfield.
Colo. John Strong, Colo. Isaac Lee, for Farmington.
Mr. William W^ells, Capt. Jonath. Wells, for Glastonbury.
Capt. Joel Whit.e, Capt. Thomas Pitkin, for Bolton.
Capt. Samuel Chapman, Mr. Scha. Griggs, for Toland.
Capt. Josiah Bissell, Mr. Oliver Elsworth, for Windsor.
Mr. Ebenezer White, Capt. Silas Dunham, for Chatham.
Maj. Henry Champion, Mr. Daniel Foot, for Colchester.
Mr. Richard Alsop, Mr. Titus Hosmer, for Midletown.
Capt. Daniel Ingham, Capt. Obediah Hosford, for Hebron.
Mr. Samuel Bishop, Mr. Thomas Howell, for New Haven.
Colo. Elihu Chauncey, Maj. James Wadsworth, for Durham.
Mr. Edward Russell, Mr. James Barker, for Branford.
Capt. John Wooster, Mr. Joseph Hull, for Derby.
Mr. Samuel Brown, Capt. Andrew Ward, for Guilford.
Mr. Joseph Hopkins, Capt. Jonath. Baldwin, for Waterbury.
Capt. Macock Ward, Capt. Reuben Atwater, for Walling-
ford.
Capt. John Fowler, Maj. David Baldwin, for Milford.
Mr, Richard Law, Mr. Wm. Hilhouse, for New London.
Mr. Benja. Huntington, Mr. Isaac Tracy, for Norwich.
Maj. Samuel H. Parsons, Mr. William Noyes, for Lyme.
Maj. Charles Phelps, Capt. Daniel Fish, for Stonington.
Capt. Elnathan Stephens, Capt. John Pierson, for Killing-
worth.
Capt. Roger Sterry, Capt. John Tyler, for Preston.
Mr. Stephen Chalker, Capt. William Worthington, for Say-
brook.
Capt. William Morgan, Mr. Thomas Mumford, for Groton.
Ebenezer Silliman, Esq"", Mr. Jonathan Sturgiss, for Fair-
field.
Mr. Lemuel Sanford, Mr. James Rogers, for Reading.
Colo. Philip B. Bradley, Mr. Samuel Olmsted, for Ridgefield.
160 PUBLIC EECORDS [October,
Maj. Charles Webb, Mr. Benjamin Weed, for Stamford.
Mr. Alexander Stewart, Mr. Alex"" Faircliild, for New Fair-
field.
Colo. Joseph Piatt Cook, Capt. Daniel Taylor, for Danburj.
Colo, Thomas Fitch, Mr. Thomas Belden,for Norwalk.
Capt. Robert Fairchild, Mr. Abner Judson, for Stratford.
Capt. Henrj Glover, Mr. Peter Nichols, for Newtown.
Capt. John Mead, for Greenwich.
Capt. Jabez Huntington, for Windham.
Colo. William Williams, Mr. Beriah Southworth, for Lebanon.
Capt. Isaac Gallop, Mr. Samuel Gordon, for Voluntown.
Mr. Samuel Craft, Mr. David Williams, for Pomfrett.
[253] Capt. Jolin Douglas, Mr. Jesse Spalding, for Plain-
field.
Mr. Phineas Strong, Capt. Ebenez"" Kingsbury, for Coventry.
Colo. Jabez Fitch, Mr. Solomon Payne, for Canterbury.
Mr. Jedediah Morse, for Woodstock.
Mr. Constant Southworth, Mr. Edmund Freeman, for Mans-
field.
Mr. Amos Badcock, Mr. Ezra Smith, for Ashford.
Mr. Lusher Gay, Mr. Benjamin Leavins, for KiUingley.
Mr. Jedediah Strong, Capt. David Welch, for Litclifield.
Mr. Heman Swift, Mr. Thomas Russell, for Cornwall.
Capt. Samuel Forbs, Maj' Charles Burrell, for Canaan.
Capt. Mathew Gillett, Mr. Seth Smith, for New Hai^tford.
Mr. Joshua Porter, Capt. James Landon, for Salisbury.
Mr. Josiah Phelps, Maj. Abijah Catlin, for Harwington.
Mr. Ephraim Hubbel, Capt. Justus Sacket, for Kent.
Mr. James Pardee, for Sharon.
Mr. Daniel Sherman, Capt. Increase Mosely, for Woodbury.
Capt. Sherman Boardman, Capt. Samuel Canfield, for New
Milford.
Capt. Ebenezer Norton, Mr. Asaph Hall, for Goshen.
Mr. John Cook, Mr. Epaphras Sheldon, for Torrington.
Ebenezer Silliman, Esq', Speaker, } of the House of
William Williams, Esq"", Clerk, \ Representatives.
Resolved hy this Assemble/, That the selectmen in the
respective towns in this Colony at or before the general elec-
tion in May next shall take and transmit to his Honor the
Governor a particular and exact account of all the persons in
their respective towns, as well negroes and Indians as white
persons, distinguishing the number of those who are under
the age of twenty years from those who are above that age,
the sexes, and whether married or single ; and that the colonel
of each regiment of militia shall also within the time afore-
1773.] OF CONNECTICUT. 161
said transmit to his Honor the Governor the exact number
of officers and soldiers in his said regiment, thereby to enable
his Honor to prepare #a compleat answer to a letter lately
received from the Earl of Dartmouth, his Majesty's Secretary
of State for the American department. And that this act be
forthwith printed and distributed by the Representatives in
the present Assembly.
Resolved^ That this Assembly at this time will assert their
claim and in some proper way 'support such claim to those
lands contained within the limits and boundaries of the
charter of this Colony, which are westward of the Province
of New York.*
An Act concerning- the Western Lands, so called, lying west-ward of
Dela-ware Biver ■within the Boundaries of this Colony
Be it enacted hy the Grovernor, Council and Representatives,
in Creneral Court assembled, and hy the authority of the same,
That the Hon^^''^ Mathew G-riswold, Esq"", Eliphalet Dyer, Esq"",
Roger Sherman, Esq"", William v'^amuel Johnson, Esq"", Samuel
Holdeii Parsons, Silas Dean, William Williams and Jedediah
Strong, Esq''% be and they are hereby appointed a committee
with full power, to assist his Honor, Governor Trumbull,
in stating and taking proper steps to pursue the claim of this
Colony to said Western Lands ; and any three of the aforesaid
committee are hereby authorized and directed to proceed as
soon as may be convenient to Philadelphia, to wait on his
Honor Governor Penn with the resolutions of this Assembly
and such letter or letters as his Honor Governor Trumbull
with the advice of said committee shall write to his Honor
the said Governor Penn on that subject, and with power to
treat with said Governor Penn and the Agent or Agents of
the Proprietaries of Pensylvania respecting an amicable
agreement between this Colony and the aforesaid Proprie-
taries concerning the boundaries of this Colony and the
Province of Pensylvania. And in case the Proprietaries of
Pensylvania shall agree amicably to settle and ascertain the
boundaries between this Colony and said Province, orto enter
into a negotiation on that subject, then and in such case the
*Tlie Susquehannah Case was drawn up by the committee appointed
May, 1771, {ante, vol. xiii, 427,) pi-incipall}' bj' Governor Trumbull, and sent
to the Colonial Agent in England, Mr. Life, to be laid before counsel
learned in the law. Mr. Jackson made some alterations and shortened it
a little, and it was returned in August 1773, with opinion of counsel
favorable to the claims of the Colony. It was printed in 4to. pp 24, in
1774, probably at Norwich by Green &, Spooner. T. Green's bill for
printing 400 copies is in Fimoice & Currency, V, doc. 117. The title is
simply The tiuxqaeliannah Ca--ie. without date or place of imprint. A
printed copy without the title page is in Sasquehannah Settlers, doc. 176.
21
162 PUBLIC RECORDS [October,
said committee, or the major part of them, be and they are
hereby appointed, authorized and impowered, to treat with
his Honor Governor Penn and the rest<kof said Proprietaries,
and agree upon and ascertain the boundaries between this
Colony and the chiim of said Proprietaries, and sucli agree-
ment to lay before this Assembly for confirmation : but if said
Proprietaries shall prefer joining in an application to his
Majesty for commissioners to settle said line, then and in
such case said committee are hereby authorized and directed
to join on behalf of this Colou}^ in such application, and from
time to time to lay their proceedings before this Assembly.
Resolved by this Assembly, That the committee who shall
proceed to Philadelphia to treat with the Hon'^'e John Penn,
Esq"", Governor of Pensylvania relative to the Western
Lands belonging to this Colony within the claim of the
Proprietors of the Province of Pensylvania do also treat
with the said Governor with respect to the peace of the
inhabitants who are settled upon said lands, and to agree
upon such measures as shall tend to preserve good order and
prevent mutual violence and contention while the boundaries
between this Colony and the said Province shall remain
undetermined.
This Assembly appoints Ei chard Law, Esq"", and Mr.
James Haughton, both of New London, to be joined to the
gentlemen heretofore appointed as overseers to the Mohegan
Indians, with the same authorities, powers and privileges as
heretofore given to the said overseers.
This Assembly do appoint Elihu Chauncey, Esq"", Judge of
the County Court in the county of New Haven until the first
day of June next.*
This Assembly do appoint Samuel Bishop jun% Esq"", of
New Haven, and James Wadsworth jun'", Esq"", of Durham,
to be Justices of the Quorum for the county of New Haven
until the first day of June next.
[255] This Assembly do appoint John Whiting Esq^.
Judge of the Court of Probate for the district of New Haven
until the first day of June next.f
This Assembly do appoint Lieut. Colonel Leverett Hub-
bard to be Colonel of the second regiment of militia in this
Colony, in the room of Colo. Edward Allen resigned.
This Assembly do appoint Maj"" William Gould to be Lieu-
tenant Colonel of the said regiment, in the room of Lieut.
Colonel Hubbard promoted
* In place of James Abraliam Hillhouse, Esq^ resigned.
t In the place of Col. John Hubbard, who died Nov. 2, 1773, se. 70.
1773.] OF CONNECTICUT. 163
This Assembly do appoint David Baldwin, Esq"", to be
Major of the second regiment, in the room of Maj"" Gould
promoted.
This Assembly do appoint Capt. John Douglas to be Major
of the eleventh regiment of militia in this Colony, in the
room of Maj"" Ezekiel Pierce removed out of said regiment.
This Assembly do establish Abraham Sedgwick to be Cap-
tain of the fourth company or trainband in the town of
Hartford.
This Assembly do establish Noah Webster to be Lieuten-
ant of the fourth company or trainband in the town of
Hartford.
This Assembly do establish Abijah Colton to be Ensign of
the fourth company or trainband in the town of Hartford.
This Assembly do establish Mathew Loomiss to be Cap-
tain of the first company or trainband in the town of Bolton.
This Assembly do establish Jared Cone to be Lieutenant
of the first company or trainband in the town of Bolton.
This Assembly do establish Elijah White to be Ensign of
the first company or trainband in the town of Bolton.
This Assembly do establish Hezekiah King to be Captain
of the company or trainband in North Bolton in the first
regiment in this Colony.
This Assembly do establish Ezekiel Olcott to be Lieuten-
ant of the company or trainband in North Bolton in the first
regiment in this Colony.
This Assembly do estal)lish Samuel Hays to be Captain of
the sixth company or trainband in the town of Symsbury.
This Assembly do establish Timothy Cossit to be Lieu-
tenant of the sixth company or trainband in the town of
Symsbury.
This Assembly do establish John Rice jun"" to be Ensign
of the sixth company or trainband in the town of Symsbury.
This Assembly do establish Ozias Pettibone to be Captain
of the first company or trainband in the town of Symsbury.
This Assembly do establish Joel Hays to he Lieutenant of
the first company or trainband in the town of Symsbury.
Tliis Assembly do establish Franceway dossit to be
Ensign of the first company or trainband in the town of
Symsbury.
[256] This Assembly do establish Jesse Bradley to be
Lieutenant of the 16th company or trainband in the second
regiment in this Colony,
This Assembly do establish Gershom Thomas to be Ensign
of the 16th company or trainband in the second regiment in
this Colony.
16-1 PUBLIC RECORDS [October,
This Assembly do estabb'sh Lambertoii Smith jun" to be
Captain of the eighth company or trainband in the second
regiment in this Colony.
This Assembly do establish Isaac Beacher to be Lieuten-
ant of the eighth company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Nathan Smith junr to be
Ensign of the eighth company or trainband in the second
regiment in this Colony.
This Assembly do establish William Crocker to be Lieu-
tenant of the sixth company or trainband in the town of
New London.
This Assembly do establish Thomas Minor to be Ensign
of the sixth company or trainband in the town of New
London.
This Assembly do establish Jonathan Crocker to be Cap-
tain of the fourth company or trainband in the town of New
London.
This Assembly do establish Jeremiah Tabor jun'' to be
Ensign of the fourth company or trainband in the town of
New London.
This Assembly do establish John Perkins to be Captain of
the company or trainband in Hanover in the third regiment
in this Colony.
This x4.ssembly do establish Thomas Adams to be Lieuten-
ant of the company or trainband in Hanover in the third
regiment in this Colony.
This Assembly do establish Nathaniel Bishop to be
Ensign of the company or trainband in Hanover in the third
regiment in this Colony.
This Assembly do establish Timothy Clark to be Captain
of the eighth company or tr; inband in the town of Norwich.
This Assembly do establish Ezra Brewster to be Lieuten-
ant of the eighth company or trainband in the town of Nor-
wich.
This Assembly do establish Jedediah Palmer to be Ensign
of the eighth company or trainband in the town of Norwich.
This Assembly do establish Jonathan Brewster to be
Ensign of the fifth company or trainband in the town of
Norwich.
This Assembly do establish David Dimon to be Lieutenant
of the second company or trainband in the town of Fairfield.
This Assembly do establish Eliphalet Thorpe to be Ensign
of the second company or trainband in the town of Fairfield.
This Assembly do establish Samuel Hawley to be Ensign
of the eastern company or trainband in the town of Reading.
1773.] OF CONNECTICUT. 165
This Assembly do establish Michael Lockwood to be
Ensign of the company or trainband in Norfield in the fourth
reo-iment in this Colony.
This Assembly do establish John Sherwood to be Lieuten-
ant of the company or trainband in the northwardly part of
Fairfield and the northwardly part of Stratford in the fourth
i-egiment in this Colony.
[257] This Assembly do establish Lemuel Barrows to be
Captain of the 14th company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish Isaac Barrows to be Lieutenant
of the 14th company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Gershom Barrows to be Ensign
of the 14th company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Thomas Lawson to be Captain
of the 11th company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Daniel Loomiss to be Lieuten-
ant of the 11th company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Samuel Sessions to be Ensign
of the 11th company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Thomas Homes jun'" to be
Captain of the sixth regiment or trainband in the town of
Stonington.
This Assembly do establish Elias Sanford Palmer to be
Lieutenant of the sixth company or trainband in the town of
Stonington.
This Assembly do establish Christopher Brown to be Ensign
of the sixth company or trainband in the town of Stonington.
This Assembly do establish Ralph Stoddard to be Captain
of the second company or trainband in the town of Groton.
This Assembly do establish Robert Swan to be Captain of
the troop of horse in the eighth regiment in this Colony.
This Assembly do establish Lemuel Lamb to be Cornet of
the troop of horse in the eighth regiment in this Colony.
This Assembly do establish Caleb Clark to be Captain of
the third company or trainband in the 11th regiment in this
Colony.
This Assembly do establish Asa Bacon to be Captain of
the troop of horse in the 11th regiment in this Colony.
166 PUBLIC RECORDS [October,
This Assembly do establish Samuel Hall to be Lieutenant
of the troop of horse in the 11th regiment in this Colony.
This Assembly do establish Jehu Spalding- to be Cornet
of the troop of horse in the 11th regiment in this Colony.
This Assembly do establish Thenphilus Clark to be Quarter-
Master of the troop of horse in the 11th regiment in this
Colony.
This Assembly do establish Samuel McClallen to be Cap-
tain of the troop of horse in the towns of Pomfret, Wood-
stock and Killingley in the 11th regiment in this Colony.
This Assembly do establish Amasa Keyes to be Lieutenant
of the troop of horse in the towns of Pomfret, Woodstock
and Killingley in the 11th regiment in this Colony.
This Assembly do establish Perly Howe to be Cornet of
the troop of horse in the towns of Pomfret, Woodstock and
Killingley in the 11th regiuient in this Colony.
This Assembly do establish Asaph Wilder to be Quarter-
Master of the troop of horse in the towns of Woodstock, Pom-
fret and Killingley in the 11th regiment in this Colony.
This Assembly do establish Obadiah Johnson to be Cap-
tain of the second company or trainband in the lltli regiment
in this Colony.
Tliis Assembly do estal)lish Sherebiah Butt to be Lieuten-
ant of the second eouipaiiy or trainband in the 11th regi-
ment in this Colony.
[258] This Assembly do establish Abner Bacon to be
Ensign of the second company or trainband in the 11th
regiment in this Colony.
This Assembly do establish Elijah Worthington to be Lieu-
tenant of the seventh company or trainband in the 12tli
regiment in tliis Colony.
This Assembly do establish John Tredway to be Ensign of
the seventh company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Solomon Marsh to be Captain
of the middle company or trainband in the town of Litchfield.
This Assembly do establish Uriah Catlin to be Lieutenant
of the middle company or trainband in the town of Litchfield.
This Assembly do establish Gyles Pettibone to be Captain
of the north company or trainband in the town of Norfolk.
This Assembly do establish Titus Ives to be Lieutenant of
the north company or trainband in the town of Norfolk.
This Assembly do establish Jacob Spaulding to be Ensign
of the north company or trainband in the town of Norfolk.
This Assembly do establish Samuel Mills to be Lieutenant
of the south company or trainband in the town of Norfolk.
1773.] OF CONNECTICUT. 167
This Assembly clo establish Ezekiel Wilcox to be Ensign
of the south company or trainband in the town of Norfolk.
This Assembly do establish David Barnes to be Captain
of the 15th company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Noadiah Hart to be Lieutenant
of the 15th company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Martin Smith j'. to be Captain
of the 12th company or trainband in the 15tli regiment in
tliis Colony.
This Assembly do establish ?eth Smith to be Lieutenant
of the 12tli company or trainband in the 15th regiment in this
Colony.
This Assembly do establish John Merrill to be Ensign of the
12th company or trainband in the IStli regiment in this
Colony.
This Asseml)ly do establish John Cornell jun% to be Cap-
tain of the fourth company or trainband in the 16th regiment
in this Colony.
This Assembly do establish David Hayt jun"" to be Lieuten-
ant of the fourth company or trainband in the 16th regiment
in this Colony.
This Assembly do establish Samuel Barnum to be Ensign
of the fourth company or trainband in the 16th regiment in
this Colony.
This Assembly do establish Theophilus Nichols to be
Ensign of the south company or trainband in the town of
Newtown.
This Assembly do establish Ephriam Hollister to be Cap-
tain of the third company or trainband in the 15th regiment
in this Colony.
This Assembly do establish Mathew Cole to be Lieutenant
of the third company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Stephen Norton to be Ensign
of the third company or trainband in the 15th regiment in
this Colony.
[259 1 This Assembly do establish Daniel Sloper to be Cap-
tain of the troop of horse in the 15th regiment in this
Colony.
This Assembly do establish Uriah Seymour to be Lieutenant
of the troop of horse in the 15th regiment in this Colony.
This Assembly do establish Amos Cole to be Cornet of the
troop of horse in the 15th regiment in this Colony.
168 PUBLIC RECORDS [October,
This Assemblj do establish Seth Demmon to be Quarter-
Master of the troop of horse in the 15th regiment in this
Colony.
This Assembly do establish Aaron Porter to be Ensign of
the 18th company or trainband in the sixth regiment in this
Colony.
This Assembly do establish Amos Osborn to be Lieuten-
ant of the company or trainband in the society of Salem in
the town of Water bury.
This Assembly do establish John Lewiss jun'' to be Ensign
of the company or trainband in the society of Salem in the
town of Waterbury.
This Assembly do establish Ebenezer Fitch to be Lieuten-
ant of the ninth company or trainband in the town of
Norwich.
This Assembly do establish Benjamin Dennis to be Ensign
of the ninth company or trainband in the town of Norwich.
This Assembly do establish Fyler Dibble to be Captain of
the first company or trainband in the town of Stamford.
This Assembly do establish Silvanns Brown to be Lieu-
tenant of the first company or trainband in the town of
Stamford.
This Assembly do establish Alexander Bishop jun"" to be
Ensign of the first company or trainband in the town of
Stamford.
This Assembly do establish Charles Smith jun"" to be En-
sign of the company or trainband in Stanwich in the ninth
regiment in this Colony.
This Assembly do establish Thomas Porter to be Captain
of the south company or trainband in the town of Corn well.
This Assembly do establish Amos Johnson to be Captain
of the north company or trainband in the town of Cornwell.
This Assembly do establish John Sedgwick to be Lieuten-
ant of the north company or trainband in the town of Corn-
well.
This Assembly do establish Thomas Tanner to be Ensign of
the north company or trainband in the town of Cornwell.
This Assembly do establish Stephen Goodyear to be Cap-
tain of the 15th company or trainband in the second regiment
in this Colony.
This Assembly do establish Jesse Goodyear to be Lieuten-
ant of the 15th company or trainband in the second regiment
in this Colony.
This Assembly do establish Gamaliel Bradley to be Ensign
of the 15th company or trainband in the second regiment in
this Colony.
1773.] OF CONNECTICUT. 169
Tills Assembly do establish Aaron Bissell to be Captain
of the first company or trainband in the town of East
Windsor.
This Assembly do establish Araasa Loomiss to be Lieuten-
ant of the first company or trainband in the town of East
Windsor.
This Assembly do establish Roger Wolcott to be Ensign
of the first company or trainband in the town of East Wind-
sor.
[260] This Assembly do establish Daniel Hand to be Cap-
tain of the sixth company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Gilbert Dudley to be Lieuten-
ant of the sixth company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Jehiel Meigs to be Ensign of
the sixth company or trainband in the seventh regiment in
this Colony.
This Assembly do establish James Landon juu"" to be Cap-
tain of the second company or trainband in the town of
Salisbury.
This Assembly do estaldish Asa Landon to be Lieutenant
of the second company or trainband in the town of Salisbury.
This Assembly do establish Heman Allyn to be Ensign of
the second company or trainiiand in the town of Salisbury.
This Assembly do establish Abel Pettibone to be Captain
of the second company or trainband in the town of Symsbury.
This Assembly do establish Zadock Wilcox to be Ensign
of the second company or trainband in the town of Symsbury.
This Assembly do establish Jonathan Demming to be
Cornet of the first troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Stephen Cook to be Captain
of the troop of horse in the 10th regiment in this Colony.
This Assembly do establish Job Camp to be Lieutenant of
the troop of horse in the 10th regiment of this Colony.
This Assembly do establish Isaac Hall jun"" to be Cornet
of the troop of horse in the 10th regiment in this Colony.
This Assembly do establish John Beadles to be Quarter-
Master of the troop of horse in the 10th regiment in this
Colony.
This Assembly do establish Elisha Fuller to be Lieuten-
ant of the 12th company or trainband in the I2th regiment
in this Colony.
This Assembly do establish Daniel Fuller to be Ensign of
22
170 PUBLIC RECORDS [October,
the 12th company or trainband in the 12th regiment in this
Colony,
This Assembly do establish William Hamlin to be Lieuten-
ant of the 10th company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Timothy Clark to be Ensign
of the 10th company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Jonathan Olmsted to be
Ensign of the sixth company or trainband in the 12th regi-
ment in- this Colony.
Whereas Robert Jameson, of VoluntoWii in the county of
Windham, preferred his petition or memorial to this Assem-
bly in October, 1772, setting forth that he was then confined
in Windham goal at the suit of this Colony, it being on
account of the arrears of several rates payable to the Colony
treasury of w hich he was collector ; praying for a committee
to take his matters into consideration and settle the same in
an equitable way, and that he might be freed from imprison-
[261J ment &c. : || whereupon this Assembly appointed
Shubael Conant, William Williams and Samuel Gray, Esq''%
a committee to enquire into the whole matters prayed for, and
thereof with their opinion to make report &g. ; which com-
mittee made their report on said matters to this Assembly in
May last, and among other things reported that there were
sundry rates to the amount of £84 10s. Od. due to him, said
Jameson, at the time of his commitment, from sundry per-
sons so indigent &c. that it was almost impossible to have
collected them before his commitment, and are now become
desperate &c., and that in the opinion of said committee it
was best for the Colony the sum of seventy pounds, parcel of
said £84 10 due from such indigent persons, with the inter
est thereof should be abated; as by said report more fully
appears, which report was by this Assembly accepted and
approved and the said sum of £70 with the interest
thereby abated to said Jameson : And whereas the names of
the persons so indigent, dead, insolvent and removed out of the
Colony, whose rates amount to the aforesaid sum of seventy
pounds, abated to said Jameson as aforesaid, were not inserted
in said I'eport but the amount collected from a list of names
and sums shewn and evinced to said committee, so that it
cannot be certainly known whose rates abated as aforesaid
said Jameson has received the benefit of: And whereas said
Jameson being liberated from goal, in consequence of the
acceptance of said report, may endeavor to compel some of
1773.] OF CONNECTICUT. 171
those indigent persons to pay him their respective rates,
which liave been in fact abated to him as aforesaid : It is
therefore resolved by tliis Assembly, that the civil authority
and selectmen of the town of Yoluntown be and they are
hereby authorized, impowered and directed, to inspect the
said rate-bills in the hands of said Jameson for the years
1768 and 1764, and find as well as they shall be able which
and whose rates have been and were abated to him as afore-
said, and the said rates of such deceas'd, removed or indigent
persons, not exceeding the amount of seventy pounds as
aforesaid, to abate, cancel and discharge to the persons
aforesaid; and the said Jameson is directed to lay his said
rate-bills before said authority for the purpose aforesaid ; and
he is hereby and shall be disabled from proceeding to collect
any rates due to him on either of said rate-bills until he
shall comply with this order and direction as aforesaid.
Upon the memorial of the town of Wallingford in New
Haven county, against the town of Midletown in Hartford
county, preferred to the General Assembly held at Hartford
on the second Thursday of May, 1771, shewing that disputes
liave arisen about the south-west corner of Midletown, some
claiming the same to be in one place and some in another,
and that adjoining proprietors have been in great contention
about said corner, said Midletown claiming a certain rock-
oak tree with stones about it for said corner ; praying that a
committee miglit be appointed and examine &g. ; on which
petition Ebenezer Silliman, Charles Webb and Thomas
Belden, Esq'', were by the General Assembly held at Hart-
ford in May last appointed a committee, to liear and exam-
ine the matters therein alledged and to make report thereof
according to law ; and said committee having now reported
that they have heard said parties on said petition, and that
they find that a certain rock-oak tree, standing near the ledge
of Beset Mountain with stones about it, is the true south-
west corner bounds of said Midletown, and stands about one
rod east from the place where a cedar tree originally marked
for said corner once stood, and that the west line of said
Midletown was run and bounded out in the year 1736, by
Thomas Wells, surveyor of lands for Hartford county, by
order of Assembly, who began at said rock-oak, and that the
line so run, the said roclc-oak being one termination thereof,
was confirmed and established by the General Assembly
held at Hartford in May, 1787 ; and that said rock-oak is and
ought to be adjudged to be the south-west corner of said
Midletown ; which report on file is now accepted and
172 PUBLIC RECORDS [October,
approved : And thereupon, resolved by this Assembly, that
the rock-oak tree aforesaid with stones about it is the south-
west corner of Midletown, and shall always hereafter be so
adjudged and reputed in all tryals at law touching the same ;
and that said petition be dismiss'd with costs.
Upon the petition of John King, of Farmington in the
county of Hartford, shewing that before the county court
held at Litchfield in September, 1771, he was prosecuted by
one Isaac Johnson, of Canaan in said county, and at the suit
and information of the King's Attorney for said county, and
thereon convicted for stealing a horse and selling the same
to the said Johnson, and that he hath been assigned in
[•2H2] service to || respond therein &g. ; that the evidence
then adduced before said court was of the presumptive kind ;
that the petitioner is wholly innocent of tlie several matters
charged against him and can fully evince the same by direct
and positive proof, and that the said prosecutions were had
by mistake and were wholly groundless &c. ; praying for a
committee <tc., as per memorial &c. ; whereupon a commit-
tee has been appointed to enquire thereof &c., and have now
reported that the action brought by the said Johnson as well
as the prosecution against the petitioner upon the informa-
tion of the said King's Attorney were had by mistake and
without foundation, and that he is wholly innocent of the
facts therein alledged, and that the same and all the proceed-
ings thereon ought to be made null and void, and the peti-
tioner restored to all he hath suffered thereby &g. ; which
said report of said committee hath now been accepted and
approved &c. : Resolved by this Assembly, that the said
judgments of said county court rendered in the action and
prosecution aforesaid against the said John King, and each
and every of them and all the proceedings thereon, be and
they are hereby rendered and declared to be null and void
and of no further force and effect, and that the said John be
and he is hereby set free and at liberty from his assignment
in service on the account thereof, and that all the notes or
securities given by him or any other person on his account
for the payment of the sums recovered or awarded against
him by said county court shall be and the same are hereby
declared to be null and void and not recoverable in the law ;
and that the petitioner shall recover his costs upon his peti-
tion, and also the further sum of five pounds in lawful money
for the damages and losses he hath suffered and sustained by
means of the undue proceedings of the said Johnson in the
action brought against him as aforesaid, which shall be paid
1773.] OP CONNECTICUT. 173
him by the said Johnson ; and that execution shall be issued
by the Seci-etary against the said Johnson for the same.
Cost allowed petitioner is X12 lis. 8c?. L. Money. Execution
granted November lO^A, 1773.
Upon the petition of John Gillet of Hebron, preferred to
the General Assembly at their session in May, 1769, against
Ebenezer Gillett, Joshua Chandler and Benjamin Kissamand
others, executors of the last will and testament of Nathaniel
Hazard late of the City of New York, deceas'd, a committee
being appointed who made their report to the Assembly at
the session in October, 1771 : Resolved by this Assembly,
that Joseph Spencer, Erastus Wolcott and Jonathan Wells,
Esq''% be and they are hereby appointed a committee, at the
cost of the executors of said Hazard, to meet at Hebron, to
I'evise said report, enquire and examine any errors or mis-
takes particularly alledged and pointed out in a petition pre-
ferred to the General Assembly in May, 1772, by the execu-
tors of said Hazard against said Gillett &c., and report only
such errors and mistakes as they shall find to this or the
next General Assembly ; and the said report is further con-
tinued until such errors, if any be found, be reported, that
justice may be done to the parties.
Fass'd in the Upper House, Test. George Wyllys Secret'y.
Concurr''d in the Loxver House with alteration, That said
committee make report to this Assembly in January next,
and continuing the report till that time only instead of the
next General Assembly. Test. Wm. Williams Clerk.
Goncurr'd in the Upper House.
Test. George Wyllys, Secret'y.
Upon the petition of Thomas Barber the 3d and Co.,
against Rachel Dowe &c., preferred to this Assembly, Maj""
Elisha Williams, Benjamin Payne, Esq"", and Mr. Silas Dean
be and they are hereby appointed a committee on said peti-
tion, to hear and make report with their opinion to this or
the next General Assembly to be holden at Hartford ; and
the execution against the petitioners mentioned in said peti-
tion, and all proceedings thereon be and they are hereby
suspended until the rising of the General Assembly in May
next, or until said matters are heard and determined in case
that should be done sooner.
Upon the memorial of Sarah Brown and Thomas Brown,
administrators on the estate of Thomas Brown late of Wind-
ham, deceas'd, intestate, shewing to this Assembly that one
Josiah Manning, of Norwich in New London county, on the
[263] 26th II day of Febr. 1762, being indebted to said
174 PUBLIC RECORDS [October,
Thomas deceas'd when in full life, in order to secure said
debt of about .£100 Os. Od. lawful money, did on said day
make and execute a deed of bargain and sale unto said
Thomas deceas'd, his heirs &c., two certain pieces or lots of
land lying in said town of Norwich, containing one of them
about ten acres, the other about twelve acres, as the same
are butted and bounded as in said deeds &c., which deeds
were duly acknowledged and recorded ; and that one Daniel
Buck, of said Windham, was indebted to said Thomas
deceas'd when in full life in the sum of about £9-5, lawful
money, and in order to secure the same did on tlie 17th
of May, 1769, made and executed a proper deed of bargain
and sale to said Thomas deceas'd of his, said Buck's, dwelling-
house and about four acres of land lying in said Windham,
bounded and described as in said deed, which deed was duly
acknowledged and recorded, and that thereby the said Thomas
in his life time became well vested with said lands in fee,
and that the same were considered by the parties only as
a security for said sums, to be released on payment of said
debts, and that the said grantors afterwards and before the
death of said Thomas severally and respectively paid and
satisfied to said Thomas their said several and respective debts
and the interest thereon arisen, and the same ought to have
been released by said Thomas before his decease to said
grantors respectively, yet the same was never done, and that
they are desirous that justice and equity may be done,
agreeable to intentions and understanding of the parties ;
praying that they may be authorized and impowered to
release and reconvey the same to said grantors respectively
&c., as per memorial on file : Resolved by this Assembly,
that the memorialists have authority, and authority and
power is hereby given to the memorialists, to. make and
execute to the said grantors, respectively, deeds of release to
reconvey the said lands and reinvest the said Manning and
Buck, which they lost by their aforesaid conveyances, and
that the same deeds being duly executed, acknowledged and
recorded may be given in evidence as a good title to said
lands, in all courts of law or equity in this Colony, as if the
same had been reconveyed by the said Thomas deceas'd
in his life time.
Upon the petition of Eleazer Waterman, against David
B. Waterman, shewing to this Assembly that before the 26th of
March, 1770, he had lent to said David upwards of two hundred
pounds, money, and as security therefor said David had mort-
gaged his farm to the petitioner's sons John and Peter, and
1773] OP CONNECTICUT. 175
that afterwards the petitioner had advanced fnrther suras for
and on account of said David upwards of four hundred pounds,
and had proposed to purchase said David's farm, and not agree-
ing in the price, after several apprizals and not complying
therewith on the part of said Eleazer in March, 1770, other
incumbrances, viz. an attachment in favour of Mathew Hide,
being laid on said farm, the petitioner agreed to buy and
said David to sell said farm at the apprizement of Messrs.
Elijah Hide, Elijah Mason and John Brown, the said incum-
brances aud monies advanced by the petitioner to be allowed
in part payment therefor, and gave notes in the sum of ,£500
to each other to abide the bargain at their apprizal, and that
said apprizers did apprize said farm at the sum of X984 0,
and the petitioner refused to abide the bargain and take said
farm at said apprizement, and thereupon said David sued
said note and recovered judgment thereon against the peti-
tioner for the whole of said note, viz. =£500 0, with cost &c.
at the superior court at New London, September term, 1773,
as per petition on file; praying for a committee &c. :
Resolved by this Assembly, that Shubael Conant and Joshua
West, Esq''% and Capt. Experience Storrs be and they are
hereby appointed a committee with full power to examine,
adjust and liquidate the several payments made by the
petitioner for and on account of said David, including the
several incumbrances upon said farm with such interest
thereon as said committee shall judge just and reasonable,
all circumstances considered, and also consider any supposed
damage the said David may have sustained on his part
for the not complying with said bargain on the part of
the petitioner, and find what further sum is due from the
petitioner to said David to compleat said bargain and pur-
chase monies, allowing the price of said farm at £984 0,
as it was apprized, and their report make of what they shall
[264] find with their opinion thereon to this or the next ||
General Assembly, and that said judgment and execution
and all proceedings thereon be stayed in the mean time.
Upon the memorial of James Bates and others, inhabitants
and proprietors of a tract of land lying in the north-west
corner of the town of Hadam in Hartford county, beginning
at the north-west corner of said Hadam and running thence
east in the line dividing the town of Midletown from said
Hadam to the end of Johnson Lane, so called, in said
Midletown, thence turning and running southerly in a high-
way to the country road from Durham to said Hadam, thence
south twenty-two degrees west to the line dividing between
176 PUBLIC RECORDS [October,
Iladam and Durham, thence turning and running in said line
dividing between Durham and Hadaui to the first mentioned
bounds ; shewing that by their remote situation from said
Hadam they labour under great grievances and inconvenien-
cies respecting their civil and ecclesiastical privileges, their
military duty, and the schooling and education of their
children &c. ; praying that the said tract of land and the
inhabitants thereof may be released from said Hadam and
annexed to the town of and ecclesiastical society in Durham
in New Haven county &c., as per memorial on file, dated the
28th day of September, A.D. 1772; Resolved by this
Assembly, that the above described tract of land with the
inhabitants thereon shall be and they are hereby released
from said town of Hadam and annexed to and incorporated
with the town of and ecclesiastical society in said Durham
aforesaid, and shall have and enjoy all privileges in said
town of Durham and the ecclesiastical society there equally
and in common with the other inhabitants of said town.
Upon the memorial of Josiah Hammond and others, inhabi-
tants of the towns of Mansfield, Ashford and Windham, citing
the town of Mansfield &c., and shewing to this Assembly the
conveniency and necessity of having a good and convenient
cart-bi'idge built and maintained over Natchauge River in
the road leading from Ashford to the society of Canada in
the town of Windham &c. near the dwelling-house of Aaron
Goodale, and praying that said town of Mansfield may be
enjoined to build and maintain the same : Resolved by this
Assembly, that said town of Mansfield shall build and main-
tain a good and sufficient cart-bridge over said river in the
road aforesaid, and at the place where the former bridge
lately stood, and that said town of Mansfield shall proceed
therein and accomplish the same by ways and means that
they shall judge proper, and with as great expedition as the
season of the year and nature of the work will admit. And,
provided that said town of Mansfield do not take proper
measures to accomplish the work abovesaid by the first day
of January next, that in that case Messrs. Abner Barker,
Elijah Fenton, Joseph Crocker, shall be a committee, and
they are hereby appointed a committee with full power, to
direct, order and build such bridge in the place aforesaid ;
and that said committee shall render to this Assembly at
their session at Hartford in May next an account of their
disbursements on account of the expence of said bridge, in
order to their reimbursement in such way as shall appear to
be just and right.
1778.] OP CONNECTICUT. 177
Upon the petition of John Watts, of the City and Province
of New York, and William NichoU, of Islip on Long Island
in said Province, surviving executors of the last will and tes-
tament of Benjamin Nicholl late of said New York, deceas'd,
against Plenry Van Dyche, of Stratford in the county of Fair-
field, Esq'-, administrator on the estate of Abel Beach late of
said Stratford, deceas'd, and Ann Beach, William Beach and
Lewiss Beach, all of said Stratford, children and heirs of the
said Abel Beach, representing to this Assembly that the said
Abel Beach in his life time, in and by his certain deed by
him well executed, completed and recorded according to law,
bearing date the 15th day of November, 1766, for the consid-
eration of X1044 9 10, current lawful money of the Province
of New York, bargained, sold and conveyed to the said John
[265] Watts and William Nicholl, and to William Nicholl of ||
Shelter Island in said Province of New York, another of the
executors of the last will and testament of the said Benjamin
Nicholl, Esq'', deceased, since also deceas'd, certain lands and
buildings situate in said Stratford in and by said deed and
petition particularly mentioned and described, which deed
was made defeazible upon the said Abel's paying to the peti-
tioners and to said Nicholl deceas'd, the said sum of one
thousand and forty-four pounds nine shillings and ten pence,
current lawful money of the Province of New York, with law-
ful interest, at or before the first day of April, 1768, as by
said deed may appear ; that said Abel having met with mis-
fortunes in trade not long after the date of said deed died
insolvent, vt^ithout having paid any part of said sum for which
the said lands were so mortgaged, nor hath any part thereof
or the interest thereon arisen been since paid, but said admin-
istrators having proceeded in due course of law therein, it
appears that said Abel's estate is greatly insolvent, nor is it
in the power of said administrator, nor would it be for the
interest of the creditors to said estate to redeem the said
mortgaged premises, for that the petitioners having caused
the said lands to be duly apprized it appears that the sanie
are in value far short of the sum for which they were so
mortgaged as aforesaid, so that the petitioners have no hopes
of obtaining any part of said large sum but by sale or lease
of said mortgaged premises, while the buildings on said land
and the fences round the same are gone so extremely to
decay that it will require a considerable additional sum to
put the same into tenantable repair, which they are unwilling
to advance while they hold the same under the present tenure
(fee. ; praying that the said administrator or said heirs of said
23
178 PUBLIC RECORDS . [October
Abel may in a reasonable time, to be prescribed, redeem the
said mortgaged premises or in failure thereof that the said
administrator and the said heirs of said Abel, their heirs and
assigns, be foreclosed and thereafter debarred of redeeming
the same <fec., as per said petition on file appears : Resolved
by this Assembly, that the said administr[ator] or said heirs
of said Abel shall and do within the space of three months
from the rising of this Assembly redeem the said mortgaged
premises, and on failure thereof that the said administrator
and the said heirs of said Abel, their heirs, executors, admin-
istrators and assigns, be and they are hereby foreclosed and
forever thereafter debarred of all and any equity of redemp-
tion therein ; and that the petitioners, their heirs and assigns,
may and shall hold and dispose of the said lands and build-
ings in said deed mentioned and described, and every part
and parcel of the same, free and clear, and freely and abso-
lutely discharged of and from all and any equity of redemp-
tion therein and of the proviso in said deed mentioned and
contained.
Upon the petition of Samuel Hassard,of Colchester, against
William Brown, Esq"", of Salem, preferred to this Assembly
in May, 1772, which by sundry continuances came to the
Assembly in May, 1773, and William Hilhouse, William
Whiting and John Watrous, Esq", were appointed to hear,
examine and report according to law, who have reported that
having heard and examined the matters alledged in said peti-
tion tliey find that the petitioner ought to be exonerated from
the payments of all rents and the fulfilment of all the cove-
nants in the lease mentioned in said petition, which became
due or were to be performed on or at any time before the
25th of March, 1773 ; and that the petitionee pay the petitioner
the sum of .£45 9 1, in full satisfaction of the matters
alledged in said petition, as per petition and report on file :
Resolved by this Assembly, that the petitioner be and he is
hereby exonerated from the payment of all rents and fulfil-
ment of all covenants contained in said lease from the peti-
tionee to the petitioner, which were due or to be fulfilled on
or before the 2oth day of March, 1773, and no recovery of
damages at law shall be had thereon for any such supposed
breach of covenant or rents due before the time aforesaid ;
and that the petitioner recover of the petitionee £45 9 4,
lawful money ; and that execution be issued therefor accord-
ingly. Cost alloived petit^' is £15 Os. Qd. Ex. granted Feb.
lOf/i, 1774.
Upon the petition of Gurdon Saltonstall, Esq"', vs. Philip
1773.] OF CONNECTICUT. 179
Livingston, Esq'', &c., brought to this Assembly May, 1772,
praying for an act of insolvency in his favour, and upon the
report of a committee appointed by the Assembly in May
last, viz. Ebenezer Williams, David Burr and John Brooks,
[266] Esq'% returned to tliis Assembly || relative to said
Saltonstall's circumstances &c. &c. : Resolved by this Assem-
bly, that said committee's report be accepted so far as relates
to the facts found, and that the further consideration of tlie
report aforesaid and the petition be referred to the General
Assembly in May next; and that the person and estate of
the petitioner be freed and secured from arrests and impris-
onment on account of any debts due before the date of said
petition until the rising of the General Assembly in May
next.
Upon the petition of Samuel Chapman, Esq"", of Toland,
and Timothy Scott, of East Windsor in Hai-tford county,
against John Ray, of the City and Province of New York,
preferred to the General Assembly in October, 1771, praying
to redeem certain lands in said East Windsor : one piece con-
tains one hundred and thirty acres, bounding as follows, viz.
beginning at a heap of stones about twenty rods north of said
Timothy's dwelling-house, in the corner of the highway, from
thence runs southerly by said highway about one hundred
rods to the fence on the south side of his orchard, tlien west
two hundred rods, then north one hundred rods to Daniel
Elsworth's jun""' land, then in the line between said Elsworth
and said Scott to the first corner ; and one other piece of land
which said Scott bought of Joseph Cogswell lying east of said
Scott's dwelling-house, and east of the highway, and contains
about twenty acres, butted and bounded as in said deed on
record, reference thereto being had, which on the 14th day of
October, 1768, were mortgaged to the petitionee ; Colo. Jabez
Hamlin, Colo. Samuel Talcott and Roger Newberry, Esq^s
were appointed a committee to hear said petition and to make
report, which committee having heard report that they find
that on the 14th day of October, 1768, the petitioners were
indebted to the said John Ray by bond of that date the sum
of one hundred and thirty-eight pounds nineteen shillings,
money of New York, to be paid in eighteen months from the
date with lawful interest, for security of said sum the peti-
tioners gave a deed of the aforesaid lands defeazible by the
petitioners or either of them paying the aforesaid sum in the
condition of said bond contained and the interest according to
the true intent thereof ; that the petitionee has ejected the
petitioners from said lands by judgment of court and took
180 PUBLIC RECORDS [October,
actual possession thereof in April, 1771 ; that said lands are
worth £450 or .£500, lawful money, and that the principal
and interest secured by said mortgage on the 14th of October,
A.D. 1772 amounted to £172 6 0, New York money ; that
the profits of said lands amounted for two years to £40 0,
New York money, &c., as per report on file ; which report
being accepted by this Assembly : Resolved, that upon the
petitioners, their heirs, or either of them, paying to said Ray,
his heirs, executors, or his attorney &c., the sum of one hun-
dred thirty-nine pounds fourteen shillings and eight pence,
current money of New York, within three months from the
rising of this Assembly, the said John Ray shall release and
convey unto the petitioners all his right, title, claim and in-
terest in and to said mortgaged premises, or in default thereof
forfeit and pay to the petitioners the sum of one thousand
pounds, lawful money.
Upon the petition of William Adams jun' and Alexander
Pygan Adams, both of New London, shewing to this Assembly
that in the course of their trade and business many misfortunes
have attended them, so that they are unable to pay their just
debts ; that they are willing to resign all their estate into the
hands of trustees for the benefit of their creditors ; praying
that they and each of them may be freed from arrest and im-
prisonment for any debt from them oweing &c. ; as per
petition, dated April 23d, 1773, may appear ; and none of the
creditors appearing to oppose the prayer of said petition : It
is therefore resolved by this Assembly, that Richard Deshon,
WilHam Coit and George Buttolph Hurlbutt be and they are
hereby appointed trustees to receive an assignment of all the
estate and effects of the petitioners and of each of them, for
the use and benefit of their creditors. And said trustees are
hereby impowered to proceed in the execution of said trust in
the same manner, and are vested with the same powers, as
trustees of the estate of insolvent debtors were directed to
[267] proceed and || were vested with by a late law of this
Colony, entituled An act for preventing fraud in debtors and
for securing the effects of insolvent debtors for the use
of their creditors and for the equitable division of the estates
and effects of such debtors to and among their creditors.
And the petitioners and each of them making a legal assign-
ment of all their estate and effects to said trustees for the use
and benefit of their creditors, they and each of them are
hereby intituled to the same privileges, freedom and exemp-
tion from arrest and imprisonment for or on account of any
debt from them or either of them due and oweing at the date
1772.] OF CONNECTICUT. 181
of their said petition, as insolvent debtors conforming to said
act were thereby intituled to have and receive. And a cer-
tificate under the hands of said trustees of such assignment
being made by the petitioners, as by this act is required, and
an attested copy of this act produced, shall be a sufficient war-
rant to liberate the petitioners and either of them from
arrest or imprisonment for any debt from them due and owe-
ing at tlie date of their said petition. Provided, and it is
hereby ordered and enacted, that nothing in this act shall be
construed to discharge or release Pygan Adams, Esq'', and
John Richards of New London, or either of them, from the
remedies which Jesse Spaulding, Roswell Morgan, Samuel
Wheeler, Stephen Hall, Joseph Shepard and Christopher
Green might have had against them on sundry notes of hand
executed by the petitioners, or either of them, and said
Pygan Adams, Esq"", and John Richards, jointly or jointly and
severally, if the petitioners had not been liberated from arrest
and imprisonment: but the same remedies may be had and
pursued by the above-named creditors against said Pygan
Adams, Esq"", and John Richards for the recovery of their
several debts as they by law had riglit to have and pursue be-
fore the passing this act ; anything in this act to the contrary
notwithstanding.
Upon the petition of William Samuel Johnson, of Stratford
in the county of Fairfield, and of John Watts, of the City
and Province of New York, and William Nicholl, of Islip on
Long Island in said Province, said Watts and Nicholl being
surviving executors of the last will and testament of Benja-
min Nicholl, late of said New York, deceased, representing to
this Assembly that Abijah Beach, of Stratford aforesaid, by
his certain deed well executed and recorded according to law,
bearing date the 15th day of November, 1766, for the consid-
eration of i£938 5 4, New York money, bargained, sold and
conveyed to the said William Nicholl and John Watts, and
to William Nicholl, of Shelter Island in said Province of
New York, since deceas'd, another of the executors of the
said Benjamin Nicholl, certain lands and buildings in said
deed particularly mentioned and described, which deed was
made defeasible on payment of the said sum of £938 5 4,
current lawful money of the Province of New York, with
lawful interest for the same, at or before the first day of
April, 1768, as by said deed may appear ; that the said
Abijah also on the same 15th day of November, 1766, for the
consideration of X219 Is. 9c?. lawful money, by his certain
deed of that date well executed, completed and recorded
182 PUBLIC RECORDS [October,
according to law, bargained, sold and conveyed to the said
William Samuel Johnson, his heirs and assigns, certain other
lands and meadows situate in said Stratford and in said last
mentioned deed particularly mentioned and described, which
last mentioned deed was made defeazible upon the payment
of said sum of X219 Is 9d, lawful money, with lawful interest
for the same, at or before the first day of November, 1768, as
by said deed may appear ; that the said Abijah not long after
making the conveyances aforesaid became insolvent, in con-
sequence whereof and pursuant to an act of tlie General
Assembly held at New Haven in October last all the said
Abijah's estate, both real and personal, in law and equity,
hath been assigned for the benefit of his creditors to
Theophikis NichoUs and John Brooks, Esq"'", and Doct. Jos.
Clark, trustees appointed by said act, and to them alone
belongs the equity of redemption of said mortgaged premises ;
that no part of the said sums for which said lands were
mortgaged or the interest thereon hath been paid, nor have
the petitioners any remedy for said moneys or means to
obtain any part of the same but by sale of said lands, which
are in value far short of the monies due upon said mortgages
&c. ; praying that said trustees may in a reasonable time
redeem said mortgaged premises, or on failure thereof that
they, the said trustees, and all the creditors of said Abijah,
tlieir heirs and assigns, be by decree of this Assembly fore-
[268] closed and thereafter debarred of |j redeeming the same
&c., as per said petition on file appears : Resolved by this
Assembly, that the said trustees do and shall within the space
of three months from and after the rising of this Assembly
redeem the said mortgaged premises, and on failure thereof
that the said trustees and all the creditors of said Abijah, their
heirs, executors, administrators and assigns, be and they are
hereby foreclosed and forever thereafter debarred of all and
any equity of redemption therein ; and that the petitioners,
their heirs and assigns respectively, may and shall have, hold
and dispose of the said mortgaged premises according to their
respective conveyances aforesaid, free and clear and freely
and clearly discharged of and from all and any equity of
redemption therein and of the provisoes in said deeds
respectively mentioned and contained.
Upon the petition of William Samuel Johnson, of Strat-
ford in the county of Fairfield, against Henry Van Dyck of
said Stratford, Esq"", administrator on the estate of Abel
Beach late of said Stratford, deceas'd, and Ann Beach, Wil-
liam Beach and Lewiss Beach, all of said Stratford, the
1773.] OF CONNECTICUT, 183
children and heirs of the said Abel Beach, representing to
this Assembly that the said Abel Beach in his life time, in
and by his certain deed by him well executed, completed and
recorded according to law, bearing date the 15th day of
November 1766, for the consideration of <£219 Is. 9d. lawful
money, bargained sold and conveyed to the said William
Samuel Johnson, his heirs and assigns, certain lands, tene-
ments and hereditaments, which in and by said deed and in
said petition are particulai'ly mentioned and described, which
deed was made defeazible upon the said Abel's paying to
the petitioner the said sum of £219 Is. 9d. lawful money,
with lawful interest, at or before the first day of November
1768, as by said deed may appear ; that said Abel having
met with misfortunes in trade not long after the date of
said deed died insolvent, without having paid any part of
said sum for which said lands were so mortgaged, nor hath
any part thereof or the interest thereon arisen been since
paid, but said administrator having proceeded in due course
of law thereon it appears, that said Abel's estate is greatly
insolvent, nor is it in tlie power of said administrator, nor
would it be for the interest of the creditors to said estate, to
redeem the said mortgaged premises, for that the petitioner
having caused the said lands to be duly apprized it appears
tliat the same are in value far short of the sum for which
they were so mortgaged as aforesaid, so. that the petitioner
has no liopes of obtaining any part of said large sum but by
sale or lease of said mortgaged premises, while the fences
round the same are gone so extremely to decay that it will
require a considerable additional sum to put the same into
tenantable repair, which he is unwilling to advance while he
holds the same under the present tenure &c ; praying that
the said administrator or said heirs of said Abel may in a
reasonable time, to be prescribed, redeem the said mort-
gaged premises, or on failure thereof that said administra-
tor and the said heirs of said Abel, their executors, admin-
istrators and assigns, be foreclosed and thereafter debarred
of redeeming the same &c., as per said petition on file
appears : Resolved by this Assembly, that the said adminis-
trator or said heirs of said Abel shall and do within the
space of three months from the rising of this Assembly
redeem the said mortgaged premises, and on failure thereof
that the said administrator and the said heirs of the said
Abel, their heirs, executors, administrators and assigns, be
and they are hereby foreclosed and forever thereafter
debarred of all and any equity of redemption therein, and
184 PUBLIC RECORDS [October,\
that the petitioner, his heirs and assigns may and shall
have, hold, enjoy and dispose of the said lands and tenements
in said deed mentioned and described, and every part and
parcel of the same, free and clear and freely and clearly dis-
charged of and from all and any equity of redemption
therein, and of the proviso in said deed mentioned and
contained.
[269] The Gentlemen nominated by the Votes of the Freemen to stand
for Election in May next, as sent in to the General Assembly holden
at Ne-w Haven on the second Thursday of October 1773, are as
follo^OT", viz :
The Hon^i' Jonathan Trumbull, Esq'',
The Hon'-'e Mathew Griswold, Esq%
Jabez Hamlin, Esq', Joseph Spencer, Esq'',
Shubael Conant, Esq', Oliver Wolcott, Esq%
Elisha Sheldon, Esq"", James Abrah. Hilhouse, Esq%
Eliphalet Dyer, EsqS The Hon^ie Thos. Fitch, Esq',*
Jabez Huntington, Esq', Ebenezer Silliman, Esq',
William Pitkin, Esq', Major Erastus Wolcott,
Eoger Sherman, Esq', Mr. Saml. Huntington, of Nor.
Abraham Davenport, Esq', Major Saml. Holden Parsons,
William Saml. Johnson, Esq', Mr. Daniel Sherman.
Upon the memorial of Asahel Phelps, of Hebron in Hart-
ford county, shewing to this Assembly that he being indebted
to the Governor and Company in the sum of £173 0,
became bound with surety for payment of the same to the
Treasurer with interest by the first of November next, when
lie expected to be able to pay and satisfy said debt, but that
it has so happened that several debts on which he depended
to enable him to make said payment to the amount of half
said debt have failed of payment and cannot be recovered
without lawsuits, whereby he is rendered unable to make
full payment at the set time ; praying this Assembly to
order and direct the Treasurer upon receiving half said sum
with the interest, to forbear the memorialist for the other
half said sum until the first of November, 1774, as per
memorial on file : Resolved by this Assembly, that the
Treasurer be ordered, and he is hereby ordered and directed,
upon the said memorialist's paying the one half said sum
with the interest upon the whole at the set time, to forbear
collecting the other half upon his giving bond with sufficient
surety for the pavment of the same with interest by the first
of November, 1774.
Upon the memorial of Lemuel Lamb, of Stonington in the
county of New London, representing to this Assembly that
" The name of Mr. Fitch appears here for the last time in the list of
nominations. He died at Norwalk, July 18th, 1774, aged 74.
1773.] OF CONNECTICUT. 185
he, together with Messrs. Oliver Babcoclc, Peleg Noyes, John
Wheeler, Asa Brown and Stephen Ball, all of said Stoning-
ton, were duly chosen and sworn to the office of listers
within and for said town of Stonington for the year 1772,
and faithfully attended said service, and upon inspection
there was found the sum of .£1309 15s. 6d. rateable estate in
said town which ought to be added to the list of said town
for said year, and also the sum of X603 16 0, fourfold assess-
ment on the estate of said town, a certificate of which .was
duly made up and compleated in order to transmit to said
Assembly; praying that the said returns may be accepted
as though the same had been transmitted to said Assembly ;
as per memorial on file : Resolved by this Assembly, that
the said sum of XI 309 15 6, being the single addition, and
the said sum of <£603 16 0, being tlie fourfold assessments,
be accepted and received, and the Treasurer of this Colony
is ordered to send forth his warrant accordingly,
[270] Upon the memorial of Susannah Grant, of Coventry
in Windham county, shewing to this Assembly that [in] the
spring of the year A.D. 1756 her husband, Capt. Noah
Grant,* went into the war, from whence he never returned
nor hath been heard of since, and was probably slain in
battle, and that his estate is greatly insolvent ; that none
of his creditors think it worth their while to take administra-
tion thereon, and that there are some small debts due to said
estate, particularly said Noah's wages in his last and fatal
campaign, which would be beneficial to the memorialist and
her children in her low circumstances ; and praying for an
act of this Assembly to enable her to recover said debts
without being liable to said Noah's creditors &c., as per
memorial &c. : Resolved by this Assembly, that the memo-
rialist advertise in the Hartford, New London and one of the
New York newspapers three weeks successively this act
of Assembly, and after three months from her having
advertised as aforesaid, if no creditor or creditors of said
Noah appear to take administration on said estate, tlie
memorialist is hereby enabled to take administration on said
estate without being accountable or liable to any of the
creditors of said Noah ; and the court of probate for the
district of Windham is -hereby impowei^ed and directed
to grant administration to the memorialist as aforesaid, and
the memorialist is to account to the court of probate afore-
said for her proceeding in collecting said debts,
* Great-grandfather of General Ulysses P. Grant.
24
186 PUBLIC RECORDS [October,
Upon the memorial of Christopher Christophers, Esq"",
sheriff of the county of New London, shewing to this
Assembly that the number of deputies he is by law enabled
to depute are not sufhcient to do the business of the county ;
praying for an addition etc., as per memoria.1 on file:
Resolved by this Assembly, that the memorialist be and he is
hereby authorized and impowered, to depute two deputies
more than the number already allowed by law within said
county, to serve as deputies to the memorialist within said
county.
"Whereas the report of the committee appointed in May
last upon the memorial of the society of Orford now exhibited
to this Assembly has not been upon motion accepted &c.,
and the memorialists now moving by their agent that anotlier
committee may be appointed thereon &c. : Resolved by this
Assembly, that Colo. Elihu Chauncey, John Owen, Esq"", and
Mr. Richard Hale be and they are hereby appointed a com-
mittee thereon, to repair to said society, view the same under
all its circumstances, and affix a stake within the same in the
most suitable and convenient place for the purpose of build-
ing a new meeting-house for publick worship, and make
report of their doings with their opinion thereon to the
General Assembly at Hartford in May next.
Upon the memorial of Charles Eldridge jun'' and others,
listers of the town of Groton for the year 1772, shewing
to this Assembly that they transmitted to the Assembly
in May last the single and fourfold additions to the list
of said town, but by mistake made no distinction between
the fourfold and single additions, and that said return
was not received, and praying that the same be now receiv'd
and entered properly : Resolved by tliis Assembly, that the
fourfold additions to the list of said town, amounting to
,£928 6 0, and the single additions amounting to £269 2 0,
in said year, be received and duly entered, as though said
return had been properly made and certified in May last.
On the memorial of Aaron Cook, administrator on the
estate of Moses Cook late of Hartford in the district of
Hartford, deceas'd, shewing to this Assembly that the debts
and charges due from said estate surmount the moveable
estate of the said deceas'd the sum of £256 6 3, lawful
money ; that said administrator has no moveable estate
in his hands to pay the same ; praying for liberty to sell the
feal estate of the said deceas'd to enable said memorialist to
pay said debt to the amount of £256 6 3, L. money, as per
memorial on file : Resolye4 by this Assembly, that the
1773.] OF CONNECTICUT. 187
memorialist have liberty, and liberty is hereby granted him,
to make sale of so much of the real estate of the said deceas'd
[271] as will II raise said sum of ,£256 6 3, lawful money,
together with incident charges of sale ; taking the advice of
the court of probate in the district of Hartford in the sale of
said estate.
Upon the memorial of Timothy Chapman, administrator
on the estate of William Fuller late of East Hadam, deceas'd,
shewing to this Assembly that the debts and charges as
exhibited to and allowed by the court of probate for the
district of said East Eladam surmount the moveable estate of
said deceas'd and what land has been heretofore sold by
order of the General Assembly the sum of X16 6 7^, lawful
money, and praying for liberty to sell so much of the real
estate of said deceas'd as should be sufficient to raise said
sum (fee, as per memorial on file : Resolved by this Assem
bly, that the memorialist have liberty, and liberty and
authority is hereby granted to the memorialist, to sell so
much of the real estate of said deceas'd as shall be sufficient
to raise said sum of £1Q 6 7i, lawful money, with the
incident charges arising thereon ; taking the direction of the
court of probate for the district of East Hadam therein.
Upon the memorial of Samuel Lacy and Deborah Lacy,
both of Fairfield, administrators on the goods and estate of
Edward Lacy, deceas'd, shewing to this Assembly that the
debts due from said estate and allowed by the court of pro-
bate within and for the disti'ictof Fairfield, including a small
allowance of necessaries to the widow, exceed the inventoried
moveable estate of said deceas'd by the sum of £177 6 51,
lawful money, and that they have nothing in their hands to
pay said sum ; praying for liberty to sell land &c., as per
memorial on file appears : Resolved by this Assembly, that
the memorialists have liberty, and liberty and authority is
hereby given and granted unto them, to make sale of so
much of the real estate of said deceas'd Edward Lacy as shall
be sufficient to raise said sum of £177 6 5^, together with
the incident charges of sale ; taking the direction of the §aid
court of probate therein.
Upon the memorial of Samuel Squier of Fairfield, adminis-
trator on the goods and estate of Samuel Squier late of said
Fairfield, deceas'd, shewing to this Assembly that the debts
due from said estate exhibited to and allowed by the court of
probate within and for Fairfield district exceed the moveable
estate of said deceased by the sum of £82 8 11, lawful
money, and that he has nothing in his hands to pay said sum ;
188 PUBLIC RECORDS [October,
praying for liberty to sell so much of the real estate of
said deceas'cl as shall be sufficient to raise that sum with the
incident charges, as per memorial on file : Resolved by this
Assembly, that the memorialist have liberty, and liberty and
authority are liereby granted to him, to make sale of so much
of the real estate of said deceased Samuel as shall be suffi-
cient to raise said sum of £82 8 11 with the incident
charges ; taking the direction of said court of probate
therein.
Upon the memorial of Samuel Burr of Fairfield, executor
of the last will and testament of Samuel Burr late of said
Fairfield, deceas'd, shewing to this Assembly that the debts
due from the estate of said deceas'd Samuel, which have been
allowed by the court of probate within and for Fairfield dis-
trict, exceed the moveable estate of said deceas'd by the sum
of <£211 lo 8i, lawful money, and that he has nothing in
his hands to pay that sum with, and that said deceas'd made
no provision therefor in his last will and testament; praying
for liberty to sell lands &c., as per memorial on file appears:
Resolved by this Assembly, that the memorialist have liberty,
and liberty and authority are hereby granted unto him, to
make sale of so much of the real estate of said deceas'd Sam-
uel as shall be sufficient to raise said sum of X211 15 8^
lawful money ; taking the direction of the court of probate
aforesaid therein.
'^ Upon the memorial of the first society in Stafford in the
county of Hartford, by their agent Daniel Alden, Esq'', shew-
ing that said society had duly voted to build a new meeting-
house in said society for divine worship ; that they had
applied to the county court of said county for a committee to
affix a stake for that purpose, but was denied for certain
[272] reasons and objections then offered &c., and || praying
for a committee to view and affix the same &c., as per memo-
rial &c. : Resolved by this Assembly, that Jabez Hamlin,
Joseph Spencer and William Wells, Esq''% be and they are
hereby appointed a committee with full power to view said
society and the situation thereof, and the old meeting-house
now standing thereon, with all the circumstances attending
the same ; and if they, the said committee, shall be of opinion
that it will be best, everything considered, that said society
should proceed in the building of said new house, that they
do then proceed to affix a stake in the most convenient place
for the building the same: but if they, said committee, should
judge it most convenient and accommodable for said inhabi-
tants that said old house should be repaired, that then they
1773.] OP CONNECTICUT 189
do signify tlie same to them, and upon the whole make report
with their opinion thereon to this or the next General Assem-
bly to be holden at Hartford.
Upon the memorial of Samuel Williams, Jonathan Lyman
and a large number of others, inhabitants of the first society in
Lebanon in the county of Windham, preferred to this Assem-
bly in October, 1772, shewing at large the state and circum-
stances of said society, their antient agreements respecting
the place of their meeting-house, the fixing of such place by
a former committee of the Assembly, the antient proposals
and agreement about dividing said society by a line agreed
and recorded on said society records &c., and complaining of
a certain vote obtained in said society to pull down and
remove said meeting-house &c., as per memorial on file; and
on said memorial the Eloni'ifi Ebenezer Silliman, Jabez Ham-
lin and Oliver Wolcott, Esq'"% were by this Assembly in said
October, 1772, appointed a committee to repair to said society,
hear the parties at large, endeavour to reconcile them &c.,
and if they should not be able then to enquire diligently into
all the circumstances relative to said controversy and difficul-
ties, and make report of all such matters as might appear
material for a determination on said memorial to said Gen-
General Assembly, with their opinion thereon, as per said
appointment on file ; which committee having reported, that
having first notified all parties to appear before them at the
house of Simeon Gray, innholder in said Lebanon, on the
24th of November, 1772, they repaired to said Gray's, and on
the 24th, 25th and 26th of said November heard the parties
by themselves, their agents or attorneys, in all their pleas,
allegations and evidences, relating to the subject matter of
said complaint that said parties thought proper to lay before
them ; and that upon the whole matters they find, that there
was an antient agreement that the meeting-honse should
stand on the meeting-house hill, where it now stands, and
that said agreement was entered into for good reasons, and
has had its influence from the beginning, and ought to be
held sacred and inviolate ; that the meeting-house is a capa-
cious building, and with proper repairs might continue,
extraordinaries excepted, a convenient and elegant building
for publick worship for a great while yet to come ; that the
northern people have procured a vote of the society for
removing the meeting-house near a mile further north, and
appear to be much engaged in it, though at present seem to
be willing to defer the doing thereof during the life of their
present pastor; that in antient day the people had it in idea
190 PUBLIC RECORDS [October,
that there would be a new society in tlie northern part, called
tlie village, which has had that appellation from the begin-
ning, and a proposed line has been kept up between the old
and new proposed societies ; that when the present meeting-
house was built the place was fixed and ascertained on said
antient agreement, and with a view and prospect of said new
society's being formed in some future time, and provision was
made to reimburse the people living northerly of a certain
line agreed on, what they should pay towards building the
present meeting-house ; and that, upon the facts thus found,
they are of opinion that the meeting-house ought to remain
wliere it now stands, according to said antient agreement,
and that the same be kept in good and sufficient repair at the
cost and expence of the whole society ; and that whenever
the northern or village people shall think it their interest to
be set off a distinct society and shall obtain a grant of the
General Assembly therefor, the society then remaining shall
refund and pay back to such new society what the inhabi-
tants north of >such agreement line as aforesaid did advance
and pay towards building the present meeting-house, as well
as what they shall hereafter pay towards the repairing said
[278] house ; as per said report on file, |1 which report is
and is hereby accepted and approved ; and said committee
being present and further reporting to this Assembly, that
it was their opinion and understanding, that said Assembly
ought to and would limit a reasonable time within which
the said village people, or the people northerly of said pro-
posed line of division, should be made into a distinct society
accordingly, and in order to be entituled to said reim-
bursement, which time they judged it did not properly apper-
tain to them to limit and ascertain: Whereupon it is re-
solved by this Assembly, that the meeting-house in said
society shall be fixed and remain on said meeting-house hill,
where it now stands, according to said antient agreement,
and that the same shall be kept in good and sufficient
repair at the cost of the whole society. And it is further
resolved, that if the said northerly inhabitants shall
think it for their interest to be a distinct society according
to said antient agreement-line, and shall obtain a grant
therefor of the General Assembly, the said society remaining
shall refund and pay back to such new society what they
paid towards building the present meeting-house, as well as
what they shall hereafter pay towards repairing said house :
oji condition they shall apply for and obtain such grant of
Assembly within five years from the rising of this Assembly.
1773.] OP CONNECTICUT. 191
Upon the memorial of Nathaniel Shaw, of New London in
the county of New London, shewing to tliis Assembly that in
the year 1771 the memorialist was the sole director, provider
for the light-house in New London, and that he was obliged
to expend of his own money in that business about twenty
pounds, lawful money, more than lie received, and that the
fund for the support of the said light-house is not sufficient
to repay your Hon" memorialist ; praying that the same
may be ordered to be paid out of the treasury (fee, as per
memorial, dated October 18th, 1773: Whereupon it. is
resolved by this Assembly, that Messrs. Richard Law, Esq"",
and Capt. Guy Richards, of said New London, and Mr. Thomas
Mumford of Groton, be a committee to examine into the
matters alledged in said memorial, and also to examine into
the state of the liglit money received by Jeremiah Miller,
Esq'', of New London, and David Wooster, Esq"", of New
Haven, and make report thereof with their opinion thereon
to the General Assembly at their sessions in May next.
Upon the memorial of Zebulon Crane and Hannah his
wife, and William Maish, which Hannah and William are
executors of the last will and testament of Cyrus Marsh,
Esqf, late of Kent, deceas'd, representing to this Assembly
that the debts due from the estate surmount the personal
estate the sum of £200 4 10 J, and that there is no provision
made in said will for payment of the debts <fec. ; praying
leave of this Assembly to sell so much of the real estate
of the said Cyrus Marsh as to make the said sum of £200 4
lO.j with the incideiit charges of such sale, as per memorial
on file: Resolved by this Assembly, that Heman Swift,
Esq"", of Coriiwell in Litchfield county, be and hereby is
impowered and authorized to sell so much of the real estate
of the said Cyrus Marsh, Esq% as to make the sum of
£200 4 lOi, lawful money, with the charges arising thereon ;
taking the direction of the court of probate for the district
of Sharon.
Upon the memorial of Jerusha Merrick of Branford,
widow and relict of the Rev"* Jonathan Merrick late of said
Branford, deceas'd, and Jonathan Merrick, a minor, by his
guardian Abigail Merrick of said Branford, Timothy Russell
of said Branford and Chloe his wife, in right of his said wife,
and Jerusha Mosely of Glastonbujy, a minor, by her father
and guardian Isaac Mosely, late Isaac Mosely jnii'' of said
Glastonbury, and Sarah Merrick of said Branford, the heirs
and legal representatives of said Jonathan Merrick deceas'd,
shewing to this Assembly that the court of probate for the
192 PUBLIC EECORDS [October,
district of Guilford had caused to be made a division of part
of the estate that belonged to said heirs, but could not make
a compleat division of the whole, by reason that part only of
their said estate came by descent and the other part by deed,
and praying- that a division made by said heirs by and with
the consent of the parents and guardians of those that are
minors may be established and confirmed etc., as per memor-
ial on file ; which division and partition being executed
under the hands and seals of said heirs and the guardians,
bearing date the 2"-'d day of October, 1773: This Assembly
do establish and confirm the division and partition of said
estate so made to and among the said heirs and representa-
tives of said deceas'd ; and the same being duly recorded in
the records of the court of pi'obate shall be deemed a good
and compleat partition of said real estate therein mentioned,
in the same manner as though the parties and heirs therein
[274] named and interested || had all been of full age and
executed the same in the most ample and legal manner;
and that the division made by order of said court of probate
of part of said estate be superceeded and set aside, and the
same is hereby superceeded and made null and void :
provided nevertheless, that nothing herein contained shall be
construed to effect the dower or thirds of the said widow
Jerusha Merrick in said estate, but that the same may be
set out to her by order of the judge of probate for said
district of Guilford whenever she shall make application
therefor.
Upon the memorial of John Smith, executor on the last
will and testament of Joseph Clark late of Efadam, deceas'd,
shewing to this Assembly that the debts and charges due
from said estate surmount the moveable part of said estate
the sum of X85 13 8, lawful money, and that no provision
being made in said will to sell the estate &c.; praying for
liberty to sell so much of the real estate of said deceas'd as
will raise said sum, as per memorial on file : Resolved
by this Assembly, that the memorialist be and he is hereby
impowered to make sale of so much of the real estate of said
deceas'd as will raise the said sum of £85 13 8, with inci-
dent charges of sale ; taking the direction of the court of
probate for the district of Midletown therein.
Upon the memorial of John Eaton and- Hannah Eaton,
administrators on tlie estate of Thomas Eaton late of Tol-
land, deceas'd, shewing to this Assembly tliat the debts and
cliarges due from said estate with some allowance made to
the widow surmount the moveable inventioned part of said
1773.] OF CONNECTICUT. 193
estate the sura of <£27 1 2^, lawful money; praying this
Assembly to authorize said memorialists, or some other meet
person, to make sale of so much of the real estate of said
deceas'd as to raise the said sum of X27 1 2^, L. money,
with the incident charges arising on said sale ; as per memor-
ial on file may appear : Resolved by this Assembly, that the
memorialist have liberty, and liberty is hereby given to the
memorialist, to make sale of so much of said real estate as to
raise the said sum of X27 1 2|-, lawful money, with the
incident charges arising on such sale ; taking the direction
of the court of probate for the district of Stafford therein.
Upon the memorial of Caleb Moses, executor on the last
will and testament of Caleb Moses jun'^ late of Symsbury,
deceas'd, shewing to this Assembly that the debts and
charges with some small allowances to the widow of the said
deceas'd surmounts the moveable estate of the said deceas'd
the sum of £76 Q 5, lawful money, and praying for liberty
to sell so much of the real estate of the said deceas'd as to
raise said sum of £76 6 5, lawful money, with the incident
charges arising on said sale, as per memorial on file : Re-
solved by this Assembly, that the said executor be and he is
hereby impowered to make sale of so much of the real estate
of the said deceas'd as shall amount to the sum of £76 6 5,
lawful money, with the incident charges arising on said sale ;
taking the direction of the court of probate for the district of
Symsbury therein.
On the memorial of Edward Riggs, of Derby in New
Haven county, shewing to this Assembly that the debts due
from the estate of Jabez Riggs late of Derby, deceas'd,
surmount the moveable estate of the said deceas'd the sum of
£4:9 13 5, lawful money, including a specifick legacy to the
widow and some allowance for bringing up the two children
of the deceas'd till four years of age, and that he has nothing
in his hand to pay said sum of £49 13 5: Resolved by this
Assembly, that the said Edward Riggs have liberty, and
liberty and authority is hereby given to the said Edward
Riggs, to sell so much of the real estate of the said Jabez
Riggs deceas'd as shall raise the said sum of £49 13 5,
lawful money, with incident charges arising thereon ; taking
the direction of the court of probate for the district of New
Haven therein.
Upon the memorial of Lusher Gay of Killingley, executor
to the last will and testament of Henry Merrett late of said
Killingley, deceas'd, shewing to this Assembly that there is
no provision made in said will for the payment of the just
25
194 PUBLIC RE CO EDS [October,
debts of said deceas'd, and that the debts due from said
deceas'd's estate surmount the moveable or personal estate
the sum of £58 2 1^, after allowance made to the widow
[275] (fee. ; pra3dng for || liberty to sell so much of the real
estate of said deceas'd as to raise said sum of £58 2 1|.,
with the incident charges arising thereon, as per memorial
on file : Resolved by this Assembly, that the memorialist
have liberty, and liberty is hereby granted to the memorial-
ist, to sell so much of the real estate of said deceas'd as will
raise said sum of £5^ 2 1^ with the incident charges arising
thereon ; taking the direction of the court of probate for the
district of Pomfret therein.
Upon the memorial of Dinah Geer, administratrix on the
estate of William Geer late of Preston, dec'', shewing to this
Assembly that the said deceas'd did in his life time by his
last will and testament give all his personal estate to his
daughter, it being X164 6 4, and his real estate to his two
sons, Abel and Lebbeus, it being £492 0, and ordered his
son Lebbeus to pay his debts, and appointed his son Lebbeus
executor to his said last will and testament, and the said
Lebbeus being under the age of seventeen years and so
incapable of legally executing said will, whereupon the said
administratrix was appointed to administer on said deceas'd's
estate, according to the said last will of said deceas'd, and
said personal estate being distributed according to said will
the memorialist hath nothing in her hands for the payment
of debts due from the estate of said deceas'd, which with the
charges of administration allowed by said court of probate
amounts to the sum of £93 12 5 ; and praying that she with
some other meet person may be impowered to sell so much of
the real estate of said deceas'd, and of that part that was
given by said will to said Lebbeus, as shall be sufficient to
raise said sum of £93 12 5, with the incident charges arising
thereon, as per memorial on fife : Resolved by this Assembly,
that the memorialist with Mr. Ephraim Eerrick of said Pres-
ton have liberty, and liberty and authority is hereby granted
to them, to sell so much of the real estate of said deceas'd,
and of that part given by said will to said Lebbeus, as shall
be sufficient to raise said sum of £93 12 5 with the incident
charges arising on said sale ; taking the direction of the
court of probate for the district of Norwich therein.
Upon the memorial of Gideon Johnson, of Derby in the
county of New Haven, representing to this Assembly that
Deac" Gideon Johnson, late of said Derby, deceas'd, first
having made his last will and testament since proved and
1773.] OF CONNECTICUT. 195
approved in due form of law, in which said last will he, said
deceas'd, gave his then dwelling-house and homestead, con-
taining about forty acres of land in said Derby, to Ichabod
Johnson his son, an idiot, allowing the improvement of the
one half thereof to his widow during her natural life, and
after the death of the said Ichabod then to the memorialist,
and that said dwelling-house and fences being greatly de-
cayed and out of repair, and also that the interest of the
moneys that said land would sell for would far surmount
the rents of the same ; praying for liberty to sell said house
and land : E-esolved by this Assembly, that the said Gideon
Johnson have liberty, and he is hereby impoAvered, to sell
said house and about forty acres of land adjoining in said
Derby, first securing said town of Derby for the maintenance
of said Ichabod, so far as the avails of said land shall go.
On the memorial of Benjamin Bevin of Midletown, admin-
istrator on the estate of Michael Slead late of Midletown in
said colony, deceas'd, shewing to this Assembly that the
debts and charges due from the estate of said deceas'd and
allowed by the court of probate for the district of Midletown
surmount the moveable part of said estate the sum of <£6 6,
L. money, and thereupon praying for liberty to sell real
estate &c. : Resolved by this Assembly, that the memorial-
ist have liberty, and liberty is hereby granted him, to sell so
much of the real estate of said deceas'd as will procure the
aforesaid sum of £6 6, L. money, together with the inci-
dent charges arising on such sale ; taking the direction of
the court of probate for the district of Midletown therein ;
and to make and pass a deed or deeds accordingly.
On the memorial of Sarah Wilkinson, administratrix on
the estate of Samuel Wilkinson late of Durham, deceas'd,
shewing to this Assembly that the debts and charges due
from the estate of said deceas'd and allowed by the court of
probate for the district of Midletown, together with some
[276 I allowance of necessary household goods allowed the ||
widow by said court, surmount the moveable part of said
estate the sum of X18 18s. 4:d., lawful money, and thereupon
praying for liberty to sell real estate &c. : Resolved by this
Assembly, that Maj"" James Wads worth of Durham be
impowered, and he is hereby impowered, with the advice of
said court of probate, to sell so much of the real estate of
said deceas'd as will procure the aforesaid sum of £18 18 4,
lawful money, together with the incident charges arising on
such sale, and to deliver the said sum of X18 18 4 to the
said administratrix, to enable her to pay the debts aforesaid.
4
196 PUBLIC RECORDS [October,
Upon the memorial of Ebenezer Hopson, administrator of
the estate of John Fosdick kite of Guilford, deceas'd, shewing
totliis Assembly that the debts and charges d'ue from the
estate of said deceas'd and allowed by the court of probate
for the district of Guilford surmount the personal estate of
said deceas'd the sum of Xl68 1 7i ; praying liberty to sell
real estate &c., as per memorial on file : Eesolved by this
Assembly, that the memorialist be and he is hereby impow-
ered to make sale of so much of the real estate of said
deceas'd as will raise the sum of £168 Is. 7^c?., lawful
money, with the incident charges arising on said sale ; tak-
ing the direction of the court of probate for the district of
Guilford therein.
Upon the memorial of Joseph Griswold of Norwich,
administrator on the estate of Benjamin Griswold late of
said Norwich, deceas'd, shewing to this Assembly that the
debts and charges on said estate surmount the inventoried
personal estate of said deceas'd the sum of X42 V2s. S^d. ;
praying for liberty from this Assembly to sell so much of the
real estate of said deceased as shall discharge the same, as
per memorial on file : Resolved by this Assembly, that said
administrator have liberty, and liberty and authority is
hereby granted to him, to sell so much of the real estate of
said deceas'd as shall raise a sum sufficient to discharge said
sum of X42 12 5^, lawful money, together with the incident
charges arising thereon ; taking the advice and direction of
the court of probate for the district of Norwich therein.
Upon the memorial of William Denslow, of New Haven
in the county of New Haven, praying for a grant out of the
Colony treasury on account of a wound received in the ser-
vice of this Colony: Resolved, that the Treasurer of this
Colony be and he is hereby directed and ordered to pay unto
the said William Denslow the sum of ten pounds out of the
Colony treasury.
Upon the memorial of Daniel Mayhew, Jacob Rodgers and
others,- Indians of the tribe of Scatacook in this Colony,
shewing to this Assembly that tlieir late overseer, Reuben
Swift of Kent, is removed by death, and praying for the
appointment of a successor &c. : Resolved by this Assembly,
that Lieut. Abraham Fuller of Kent be appointed, and he is
hereby appointed Over.-eer and Guardian of the said tribe of
Indians, with full power to take care of their estates.
On the memorial of John Willcox, of Hadam in Hartford
county, conservator of the person and estate of Elnathan
Wilcox, of Killingworth in New London county, representing
1773.] OF CONNECTICUT. 197
that on exhibiting his account to the county court held at
New London in New London county, June term, 1773, there
was fouud by said court a balance due from said Elnatlian to
said memorialist of X39 17 3, lawful money ; praying liberty
to make sale of the real estate of said Elnathan Wilcox &c.,
as per memorial on file : Resolved by this Assembly, that
the memorialist have liberty, and liberty and authority is
hereby granted to him, to make sale of so much of the real
estate of the said Elnathan Wilcox as will raise the sum of
£S9 17 3, lawful money, with the incident charges of such
sale ; taking the direction of the court of probate in the
district of Guilford therein.
On the memorial of Isaac Sturges of Fairfield, adminis-
trator on the estate of Daniel Sturges, deceas'd, shewing to
this Assembly that the debts and charges exhibited to and
allowed by the court of probate for the district of Fairfield
against the estate of Daniel Sturgis of said Fairfield, deceas'd,
[277 j with a small allowance to the || widow of the said de-
ceas'd, surmount tlie inventoried moveable estate of said
deceas'd the sum of X137 16 9 ; praying to sell land &c., as
per memorial on file : Resolved by this Assembly, that the
memorialist be and he is hereby impowered to sell so much
of the real estate of said deceas'd as shall be sufficient to
raise and pay the sum of X137 16 9, lawful money, with the
incident charges arising on such sale ; taking the direction of
the court of probate in the district of Fairfield therein.
Upon the memorial of John Bradford, administrator on
the estate of Joseph Willoughby late of New London, de-
ceas'd, shewing to this Assembly that the remaining debts
due from said estate is tlie sum of d£12 3 6, lawful money,
and that he has not in his hands wherewith to pay the same ;
praying for liberty to sell so much of the real estate &c., as
per memorial on file : Resolved by this Assembly, that the
memorialist have liberty, and liberty and authority is given
him, to sell so much of the real estate of said deceas'd as-
will raise said sum of X12 3 6, L. money, with the charges of
sale ; taking the direction of the court of probate in New
London district therein.
Upon the memorial of Esther Willard of Killingsworth in
the county of New London, administratrix of the estate of
Nathan Willard late of said Killingsvi^orth, deceas'd, shewing
to this Assembly that the debts due from the estate of said
deceas'd with necessaries allowed the widow of said deceas'd
surmount the moveable estate of said deceas'd the sum of
Xll 2 11 ; praying for liberty to sell so much of the real
198 PUBLIC RECORDS [October,
estate of said deceas'd as shall be sufficient to raise said sura
with the charges arising on such sale, as per memorial :
Resolved by this Assembh^, that Caleb Baldwin of said Kil-
lingsworth have liberty, and liberty and authority is hereby
granted him, to sell so much of the real estate of said deceas'd
as shall be sufficient to raise said sum of £11 2 11 with the
charges arising on such sale; taking the directions of the court
of probate for the district of Guilford therein; and that he
pay said sum to said administratrix for the purpose of paying
said debts.
Upon the memorial of the town of Norwich, by their agent
Benjamin Huntington, Esq"", shewing to this Assembly that
whereas the Hon^''' Assembly, in May, 1772, granted to said
town of Norv;^ich liberty to set up a lottery * to raise the sum
of six hundred pounds, lawful money, for the purpose of
adding to and finishing the Great Bridge across the cove in
said Norwich, and for refunding to the former committee for
building said bi'idge, which lotterj^ being drawn and com-
pleated and the said sum of six hundred pounds, lawful
money, so raised being expended and found insufficient for
the purpose aforesaid, and said bridge being only in part
finished &c. ; praying for liberty to set up another class in
addition to said lottery, under the same regulations of said
former lottery, for the purpose of raising such sum as this
Assembly should see fit, to be applied and expended for the
purposes aforesaid, as per memorial on file : Resolved by this
Assembly, that said town of Norwich have liberty, and liberty
and authority is hereby granted to said town, to set up
another class in addition to said lottery at the proper risque
of said town of Norwich, so as to raise a sum not exceeding
two hundred and seventy-eight pounds, lawful money, to be
improved at the dii-ection of said town for the benefit of said
bridge : the said town of Norwich to appoint managers or
directors of said lottery, who shall be sworn to a faithful dis-
charge of said trust till finally drawn and compleated ; and the
monies thereby raised to be all expended in defraying the
costs and expences of said bridge in such form and manner
as said town shall judge to be most for the publick benefit ;
and the said town of Norwich to render account of their do-
ings in the premises to this Assembly when thereto required.
And said town is hereby enabled and impowered to take suf-
ficient bond of said managers or any other persons, con-
ditioned that said managers shall faithfully execute said trust,
so that said town and all adventurers in said lottery may be
*Vol. xiii, 610.
1773.] OF CONNECTICUT. 199
indemnified and saved harmless from all fraud or injustice in
the premises. Provided also, and it is further resolved, that
said additional lottery shall be drawn and compleated as soon
as may be, and before the first day of June next, on penalty
that this grant and liberty, and every clause thereof, shall be
null and void.
Upon the memorial of the Rev'^^ Samuel Clark of Farming-
ton, shewing that the committee, Ws: Jabez Hamlin, Erastus
Wolcott and Elisha Williams, Esq'", appointed by the General
Assembly in October last with full powers to notify all con-
[278j cerned and to || examine into and consider all circum-
stances relative to said Clark's interest and how far the
same may be affected by the division of the society of Ken-
sington of which he was minister, and what compensation
ought ta be made him and by whom, and generally whatever
shall appear necessary and expedient, that full and compleat
justice might be done him &c., may be reappointed &c., as
per memorial on file : Resolved by this Assembly, that the
aforesaid committee be and they are reappointed, with full
powers to notify all concerned and to examine into and con-
sider all circumstances relative to said Clark's interest and
how far the same may be affected by the division of the
society of Kensington, and what compensation ought to be
made him and by whom, and generally whatever shall appear
necessary and expedient that full and compleat justice may be
done him, said Clark ; and report what they shall find with
their opinion thereon to this Assembly , or the General
Assembly in May next.
Upon the memorial of Samuel Canfield and Mary Stone,
administrators on the estate of Benajah Stone late of New
Milford, deceas'd, and Read Garlick of said New Milford,
shewing to this Assembly that said Garlick procured
said Benajah to be security for him to Abel Hine &c., com-
mittee of the parsonage monies of the first society in New
Milford, for the sum of X20 17 6, for which they gave their
note jointly and severally, and for the purpose of indemnify-
ing said Benajah gave a clear deed of about six acres of land
to said Benajah, and since the^ death of said Benajah said
Garlick has paid the said monies ; praying said administra-
tors may be enabled to reconvey said lands &c., as per
memorial on file : Resolved by this Assembly, that the said
administrators of said Benajah deceas'd be, and they are
hereby, fully impowered to reconvey said lands to said Gar-
lick, and he be fully revested with the title to said lands, as
fully as he would have been had he never conveyed the same
to said Benajah, said deed notwithstanding.
200 PUBLIC RECORDS [October,
Upon the memorial of Chloe Griswold, administratrix on
the estate of Walter Price Griswold late of Killing-worth,
deceas'd, shewing to this Assembly that in May, 1770, she
obtained liberty to sell so much of the real estate of said
deceas'd as would raise the sum of X256 6 2|, for payment
of debts, and that she has sold real estate to the amount of
£167 15 0, and the remaining debts amount to X93 17 5,
and the remaining real estate consists of a dwelling-house
and about half an acre of land, and the estate will be much
hurt if no more is sold than will pay the remaining debts
&G. ; praying for liberty to sell the whole real estate &c., as
per memorial on file : Resolved by this Assembly, that Hiell
Buell of said Killingworth have liberty, and he is hereby im-
powered, to sell the whole of the real estate of said deceas'd
for payment of said debts ; taking direction of the court of
probate for the district of Guilford therein ; and the monies
arising on such sale deliver over to said administratrix for
payment of said del)ts ; and the residue of said monies after
said debts are paid shall be divided among the heirs of said
deceased, or their legal representatives, according to law.
Upon tlie memorial of Noah Baldwin and the rest of the
selectmen of Milford, representing that George Morriss of
said Milford by long illness of his wife was reduced and
came to want, and mortgaged his house and about nine acres
of land to Doct. Zebulon Gillett for the sum of eighteen
pounds, lawful money, who hath sued out his mortgage, which
cost was seven pounds, and took possession of said house
&c., and the said Gillet has since made over said mortgage
as security to David Atwater of New Haven, with a right of
redemption &c., which was all the real estate said Morriss had ;
said Morriss and his wife and two small children have been
under the care of the said selectmen, so that in providing for
them they have expended the sum of sixty-five pounds, law-
ful money, and said Morriss having no moveable estate save
a few household goods ; praying for liberty to sell said house
and land, first paying the sum for which the same was mort-
gaged, to pay said sum of £65 0, as per memorial on file
appears ; and said Atwater signifying under his hand his
consent and desire that said memorial should be granted :
[279] Eesolved by this Assembly, that the || memorialists
have liberty, and liberty and authority is hereby granted un-
to them, to sell said house and lot, they first paying the sum
for which the same was mortgaged, to pay the aforesaid sum
of £65 ; and if said house and land shall sell for more
than a &um sufficient to pay said sum due on the mortgage
1773.] OF CONNECTICUT. 201
and said ,£65 0, that such overplus be lodged in the town
treasury in said Milford, to be improved for the support of
said Morriss and children if needed.
On the memorial of Isaac Cook of Wallingford, collector
of the Colony tax for the years 1763 and 1764, shewing to
this Assembly that the rates of the several persons named in
the following list, viz:
On the eight fenny rate list, 1763. On the penny rate list, 1761.
John Collins, X39 2s. Od. John Collins, X9 8s. Od.
Thomas Smith, 37 16 Daniel Smith, 50 9 6
Daniel Smith, 66 Joseph Perkins, 51
John Smith, 34 4 Benjamin Hough, 13
Joseph Perkins, 59 Israel Negus, 21
Benja. Hough, 30 12
Israel Negus, 24
were charged against him, and that said persons departed
this Colony before he could enforce the payment of said
taxes and the same were not collected by him, and that the
authority and selectmen postponed the abatement thereof
&G. ; praying for relief, as per his memorial on file appears :
Resolved and ordered by this Assembly, that the several
sums arising on the above lists, respectively, be and hereby
are abated ; and the Treasurer of this Colony is directed to
pay the amount of said rates to the memorialist accordingly.
On the memorial of Prudence Merriman of Wallingford,
administratrix on the estate of Nathaniel Merriman jr. of
said Wallingford, deceas'd, representing to this Assembly
that she had not effects in her hand sufficient to pay the
debts of said deceas'd Nathaniel Merriman jun"", did obtain
liberty to sell so much of the lands of said deceas'd's estate
as to pay the debts then due, supposing .the said debts to be
paid, but since she finds more debts due from said deceas'd's
estate to the amount of £32 11 2, lawful money, and that
she has nothing in her hands to pay the same ; praying that
she may have liberty to sell so much more of said estate as
shall be sufficient to pay said sum of £82 11 2, lawful
money, as per her memorial on file appears : Resolved and
ordered by this Assembly, that the said Prudence Merriman,
administratrix aforesaid, have liberty and authority to sell
and dispose of so much of the laiids belonging to the said
Nathaniel Merriman jr. dec-', as shall be sufficient for the
payment of said sum of £32 11 2, L. money, with incident
charges arising on said sale ; taking the direction of the
court of probate for the district of New Haven therein.
26
202 PUBLIC RECOEDS [October,
Upon the memorial of Peter Betts of Norwalk, shewing
that he was collector of the Colony rates for several years,
and that the whole abatements which have been allowed to
him amount only to £131 12 5; Ihat many persons in the
rate bill were removed out of the Colony, some poor and in-
solvent, and that it is impossible to collect said rates ; that for
the deficiencies the selectmen of said Norwalk made sale of
his estate ; praying for a committee &c., as per memorial on
file : Resolved by this Assembly, that Jonathan Sturges and
Charles Webb and Philip Burr Bradley, Esqi's, be and they
are hereby appointed a committee to examine into the mat-
ters alledged in said memorial, and their report make to this
or the next Assembly ; all at the cost of the memorialist.
Upon the memorial of Susannah Stilman, administratrix
on the estate of Samuel Stilman late of Say brook, deceased,
shewing to this Assembly that the debts due from said estate
surmount the personal inventoried estate the sum of X114
1 li, L. money ; praying for liberty to sell land &c., as per
memorial on file : Resolved by this Assembly, that the
memorialist have liberty, and liberty is hereby granted to the
memorialist, to sell so much of the real estate belonging to
said deceas'd as to raise said sum of <£114 1 li together
with the incident charges of sale &c. ; taking the direction
of the court of probate in the district of Guilford therein.
[280] Upon the memorial of William Jordon of Litchfield,
shewing to this Assembly that he being very poor, about six
years ago mariied a wife possess'd of a real estate of the value
of about seventy pounds ; that about one year befoi'e her death
she was taken sick and continued sick until she died ; in the
course of her sickness he necessarily expended for doctors
&c. for her to the amount of about thirty pounds, and that
his said wife a few days before her death made a will in
which [she] gave to said William so much of her real estate
as to defray the charges of her sickness; praying for liberty
to sell so much thereof as to answer the purpose aforesaid
Avith cost &c., as per memorial on file : Resolved by this
Assembly, that the said William have liberty, and liberty is
hereby granted unto him, to sell so much of the real estate
of his said deceas'd wife as to raise the sum of twenty-eight
pounds four shillings and six pence, L. money, with the inci-
dent charges arising thereon, as also the cost of bringing
forward and prosecuting said memorial, and to give his deed
of the same, which deed when legally executed shall be a
good and legal title to the purchaser.
1778.] OF CONNECTICUT. 203
Upon the memorial of James Bowdoiii, administrator on
tlie estate of William Bowdoin late of Roxbury in the county
of Suffolk and Province of the Massachusets Bay, Esq"",
deceas'd, sliewing to this Assembly that tlie debts of the
said deceas'd William, as exhibited and allowed by the court
of probate for the said county of Suffolk, surmount the in-
ventoried personal estate of said William the sum of £4489
18 2, lawful money ; praying for liberty to sell the whole real
estate of said William in this Colony, or so mucli thereof as
shall raise said sum of £4489 18 2, lawful money, &c., as
per memorial on file : Resolved by this Assembly, that the
memorialist have liberty, and liberty and authority is hereby
granted to the memorialist, to sell the whole real estate of
said William in this Colony, or so much thereof as shall raise
said sum of £4489 18 2, L. money, with the incident charges
arising thereon ; taking the direction of the court of probate
for the district of Plainfield therein.
Resolved hy this Assembly^ That Capt. Ebenezer Norton of
Goshen be appointed, and he is hereby authorized and im-
powered, to sell the messuage in said Goshen lately conveyed
by deed of Samuel Pettibone to tl\e Governor and Company,
and to make and execute by deed to the purchaser a good
and sufficient conveyance thereof, in behalf of the Governor
and Company, and thereupon to lodge the avails or securities
therefor with the Colony Treasurer, taking his receipt for the
same, and to account or make return to the General Assem-
bly. Provided, nevertheless, that the said Pettibone, not-
withstanding such sale, have liberty to reside in said house
till the first day of October next, and that the contract upon
such sale be so made that the purchaser shall enter into the
premises at the time aforesaid.
Upon the memorial of Ebenezer Ledyard and William
Ledyard, executors of the last will and testament of John
Ledyard, Esq'', deceas'd, shewing that the said John in his
life time received of the Treasurer of this Colony the sum of
£1827 16 1, to purchase bills of exchange for the use of this
Colony; that he did procure the same accordingly at New
York, and that the account of that negotiation has never
been adjusted; praying for a committee <fec. ; whereupon a
committee was appointed and have now reported thereon,
that there is due from said deceas'd's estate to this Colony
on the account aforesaid the sum of £21 19 7i, lawful
money, and no more, as per memorial &c. : Resolved by this
Assembly, that upon the memorialists paying the said sum
of £21 19 72, lawful monev, unto the Treasurer of this
204
PUBLIC RECORDS
[October,
Colony that they be and they are wholly exonerate and dis-
charged from any further demands for or on account of the
monies so received by the said deceas'd as aforesaid.
Upon the memorial of Susannah Sheafe, administratrix on
the goods and estate of William Sheafe, late of Boston in the
county of Suffolk and Province of the Massachusets Bay,
Esq"", deceas'd, intestate, shewing to this Assembly that the
debts of the said William surmount the inventoried personal
estate of said William the sum of ,£130 16 2^, lawful money,
as exhibited and allowed by the court of probate for the
said county of Suffolk; praying for liberty to sell so much
of the real estate of said William in this Colony as shall
raise said sum of .£130 16 2^, lawful money, &c., as per
[281] memorial on file : || Resolved by this Assembly, that
the memorialist have liberty, and liberty and authority is
hereby granted to the memorialist, to sell so much of the
real estate of said William in this Colony as shall raise the
sum of .£130 16 2^, lawful money, with the incident charges
arising thereon ; taking the direction of the court of probate
for the district of Pomfret therein .
The Sums Total of the Lists of the Polls and Rateable Estate of
the several Towns in this Colony for the Year
returned, to this Assembly, viz. :
£ s d
Hartford,
Suffield,
Stafford,
Glastonbury,
Hebron,
East Hadam,
Colchester,
Bolton,
Enfield,
Somers,
Willington,
Weathersfield,
Haddam,
gymsbury,
Chatham,
Farmington,
East Windsor,
Windsor,
Midletown,
Tolland,
New Haven,
Milford,
47186 4 Preston,
19046 Fairfield,
10412 10 Norwalk,
18511 13 7 New Fairfield,
23600 Stanford,
26236 18 Ridgefield,
33610 18 Stratford,
10336 18 Greenwich,
12361 10 Reading,
9038 14 Danbury,
8600 19 1 Newtown,
32674 3 Windham,
15610 4 Mansfield,
30312 Pomfret,
22072 5 Woodstock,
64443 10 10 Ashford,
27000 Coventry,
23561 8 5 Voluntown,
41565 9 Plainfield,
14013 12 Killing-ley,
71083 15 5 Lebanon,
28537 9 2 Canterbury,
1773, as
£
s
d
25112
10
11
50400
11
5
41358
5
4
12273
3
6
33700
3
17491
8
6
51550
23846
7
8
13990
8
10
28049
18
9
23266
1
2
30942
6
4
21444
5
3
27711
12
4
20800
17127
14
9
20440
13717
12
14000
27207
12
4
40670
12
8
20060
10
7
1773.]
OF CONNECTICUT.
2
0^
Derby,
19243 1
7
Litchfield,
22795 17
6
Waterbury,
36146 7
5
Torrington,
5681 10
Wallingford,
50311 10
5
Canaan,
15212 3
Dui'ham,
12001 14
8
Kent,
16110
Guilford,
36257 7
5
New Hartford,
8821 4
6
Braiiford,
23472 8
1
New Milford,
28000
3
New London,
35528 17
6
Cornwall,
8869 14
6
Norwich,
65570 12
5
Woodbury,
56495 14 10
Lyme,
28570 16
2
Salisbury,
16713 5
6
Say brook.
26304 8
Goshen,
10991 12
Killingwortli,
20047 17
4
Sharon,
16484 7
Groton,
25580 4
3
Harwington,
8023 18
Stonington,
37645 16
10
[282] An Act for constituting, regulating and. governing a Publick Goal
or Work-House in the Copper jyiines in Symsbury, and for the
Punishment of certain atrocious Crimes and Felonies.
Be it enacted by the Giovernor, Council and Representatives,
in General Court assembled, ayid by the authority of the same,
That the subterraneous caverns and buildings in the copper
mines in Symsbury, lately purchased and erected by order of
the General Assembly, with such other buildings as may
hereafter be erected and made in said caverns or on the sur-
face of the earth at or near the mouth of the same, shall be
and they are hereby constituted and made a publick goal and
work-house for the use of this Colony, and shall be called
and named New-Gate Prison, and shall be kept and main-
tained in good and sufficient re[)air at the expence of this
Colony; that there shall be a master or keeper and three
overseers of said goal or work-house, nominated and
appointed from time to time, as there may be occasion, by the
General Assembly ; and in case said master or keeper shall
die, resign, or become unable, by sickness or otherwise, to
exercise said office, the overseers for the time being may
appoint another master thereof, who shall hold and exercise
said office until the next session of said Assembly; that the
master or keeper of said goal shall receive into the same all
such persons as shall be sent there by warrant from lawful
authority by virtue of this act, and shall keep them to such
labour as they shall be capable of, for such time as they shall
be sentenced and ordered to remain therein, and may punish
them by putting fetters and shackles upon them, and by
moderate whipping, not exceeding ten stripes for any one
offence; which punishment may be inflicted in case they be
stubborn, disorderly or idle, and do not well and faithfully
perform their task as they shall be reasonable stinted and
required, or in case they shall not submit to and observe such
206 PUBLIC RECORDS [October,
rules and orders as shall be from time to time made and
established for the well ordering and governing the same.
And said master or keeper shall from time to time on request
of the overseers render his account to them of the wages and
earnings of such prisoners, or of any persons hired or em-
ployed to work in said mines, and pay and deliver to said
overseers the amount of said wages and earnings.
Be it further enacted hy the authority aforesaid^ That the
overseers of said goal or work-house for the time being shall
provide for such prisoners necessary and suitable food and
cloathing, and also such tools, implements and materials as
shall be proper for employing and keeping such prisoners to
work; and shall also provide for the relief of any sick or
weak prisoner ; and if need be may procure and hire one or
more skilfull miner or minej's to instruct and assist said
prisoners in tlieir work, and shall be paid for the same out
of the wages and earnings of said prisoners and hired men,
if the same be sufficient, and if not the surplus shall be paid
out of the Colony treasury. And the said overseers shall
keep true and exact accounts of the food and cloathing,
tools, implements and materials they shall furnish for the
use of said prisoners, and of the wages of the hired men
aforesaid, and of all expences for such sick or weak prison-
ers, and also of the wages and earnings of such prisoners
and hired men ; and shall annually in May adjust and settle
said accounts with such auditors as said Assembly shall
appoint, and oftner if they shall be thereto required. And
said overseers for the time being shall and may, and they
are hereby authorized and impowered, to make necessary
rules and orders from time to time, as they shall find expe-
dient, for ruling, governing and punishing such persons as
are committed there ; and such rules and orders shall be of
force and shall be duly executed and performed.
Be it further enacted hy the authority aforesaid^ That such
overseers and the master of said goal and workhouse for
their care, labour and service, shall be allowed such reason-
able satisfaction and reward as said Assembly shall appoint,
to be paid out of the earnings of such prisoners and hired
men, if sufficient, otherwise out of the Colony treasury. And
if the master or any overseer or overseers for the time being
of said goal shnll neglect or refuse to account as aforesaid,
[283] or shall be || otherwise negligent in his or their duty,
he or they shall be liable to such fine or punishment as the
General Assembly shall order.
And he it further enacted hy the authority aforesaid, That
whosoever shall commit burglary by breaking up any dwelling-
1773.] OF CONNECTICUT. 207
house or shop, wherein goods, wares and merchandise are
kept ; or shall rob any person in the field or highway ; or
shall presume to forge, counterfeit or alter any of the bills of
credit of this Colony, or of the bills of credit of any other of
the English Colonies or Provinces on this Continent ; or shall
utter and put oiT any such forged, altered or counterfeit bill or
bills, knowing them to be such ; or that shall counsel, advise,
procure or anyways assist in the forging, counterfeiting,
imprinting, stamping, altering or signing of any false, forged
and counterfeit bill or bills, knowing them to be such ; or
that shall engrave any plate, or make any instrument to be
used for any of the purposes aforesaid ; or that shall stamp
or any otherways counterfeit any of the several sorts of coin
mentioned in an act of Parliament made and passed in the
sixth year of the reign of Queen Anne, entituled An act for
ascertaining the rates of foreign coins in her Majesty's Plan-
tations in America, or any other species or sorts of gold or
silver coins currently passing in this Colony ; or that shall
utter and put off any such counterfeit coin or coins, knowing
the same to be base, false and counterfeit; or that shall make
any instrument or instruments for the counterfeiting any of
the coins aforesaid, or shall be aiding or assisting therein ; or
that shall be guilty- of feloniously taking and stealing any
horse or horses in this Colony, and shall be convicted of any
or either of said crimes, before any county or superior court
that shall have cognizance thereof, such person or persons so
offending shall for the first offence suffer imprisonment in
said goal and work-house, and there be kept to hard labour
for a term not exceeding ten years, at the discretion of the
court before which such conviction shall be had. And if any
such person shall commit the like offence a second time and be
thereof convicted as aforesaid, he or she shall suffer impris-
onment in said goal and work-house, and there be kept to
hard labour as aforesaid for and during the term of his or her
natural life.
Be it further enacted^ That any person or persons who have
been heretofore convicted of any of the aforesaid crimes,
except that of horse-stealing, and have not received the pun-
ishment or confinement to which he or they have been on
such conviction sentenced, by having escaped or otherwise
avoided the same without licence of the court or this Assem-
bly, on being or taken in this Colony shall be by the superior
court sentenced and sent to said prison, in the same manner
and under the same regulations as persons who shall be
hereafter convicted by virtue of tliis act, there to remain for
such term as said court shall order and direct.
208 PUBLIC RECORDS [October,
Provided nevertheless^ That any person convicted of a
second offence of horse-stealing may be sentenced to said
prison for a' shorter term than that of his natural life, accord- -
ing to the direction of the court before whom such conviction
is had ; anything in this act to the contrary notwithstanding.
Be it further enacted hy the authority aforesaid, That any
person or persons who shall be guilty and convicted of any
of the aforesaid crimes shall be punished as in this act is
provided and not otherwise ; any law, usage or custom to the
contrary notwithstanding.
Provided also, and it is further enacted hy the authority
aforesaid. That nothing in this act shall exempt, or be con-
strued to exempt, or discharge any person or persons sen-
tenced by this act from any pecuniary penalty, forfeiture or
disabilities, which such offender or offenders are heretofore
made liable to by any of the laws of this Colony.
An Act for suppressing of Mountebanks.
Whereas the practice of mountebanks in dealing out and
administering physick and medicine of unknown composition
indiscriminately to any persons whom they can by fair words
induce to purchase and receive them without duly consulting,
or opportunity of duly consulting, and considering the nature
and symptoms of the disorder for which, and tlie constitution
and circumstances of the patient or receiver to whom they
administer, has a tendency to injure and destroy the health,
constitution and lives of those who receive and use such medi-
cines: And whereas the practice of mountebanks in publickly
[284] advertising and giving notice of || their skill and ability
to cure diseases, and the erecting publick stages and places
from whence to declaim to and harrangue the people on the
virtue and efficacy of their medicines, or to exhibit by them-
selves or their dependants any plays, tricks, juggling or
unprofitable feats of uncommon dexterity and agility of
body, tends to draw together great numbers of people, to the
corruption of manners, promoting of idleness, and tlie detri-
ment of good order and religion, as well as to tempt and
ensnare them to purchase such unwholesome and oftentimes
dangerous drugs:
Be it therefore enacted hy the Giovernor, Council and Repre
sentatives,i7i General Court asseinhled, and hy the authority of
the same, That no mountebank, or person whatsoever under him,
shall exhibit or cause to be exhiliited on any publick stage or
place whatsoever within tliis Colony, any games, tricks, plays,
jugiing or feats of uncommon dexterity and agility of body,
tending to no good and useful purposes, but tending to collect
1773.] OF CONNECTICUT. 209
together numbers of spectators, and gratify vain or useless
curiosity. Nor shall any mountebank, or person whatsoever
under him, at or on any such stage or place offer, vend or
otherwise dispose of, or invite any persons so collected to pur-
chase or receive any physick, drugs or medicines, commended
to be efficacious and useful in various disorders.
Be it further enacted hy the authority aforesaid, That if
any person or persons shall be guilty of any breach of this
act, on conviction thereof before any court proper to try the
same, every person so offending shall forfeit and pay the sum
of twenty pounds for each and every such offence, for the
use of him who shall sue for and prosecute the same to
effect ; and so toties quoties.
Be it further enacted hy the authority aforesaid, That it
shall be the duty of all informing officers to make present-
ment of all breaches of this act ; in which case the fine shall
belong to the treasury of the county wherein such conviction
is had.
And it is further provided, That if any servant, or any
minor or apprentice under age, shall be guilty of breaking
any paragrapli of this act, on conviction thereof his or their
fine or penalty shall be paid by the parent, master or guard-
ian under whose direction the same shall be committed or
done, and execution shall be awarded accordingly.
An Act in Addition to an Act entituled An Act for preventing' and
suppressing of Lotteries.
Be it enacted by the Grovernor, Council and Representatives,
in Gieneral Court assembled, and by the authority of the same,
That no person shall, after the rising of this Assembly, pre-
sume to vend, sell, or offer for sale, within this Colony, any
ticket or tickets in any lottery or lotteries that are already or
may hereafter be set up, except such as are or may be
authorized and approved by the General Assembly of this
Colony. And whoever shall presume to vend, sell or offer
for sale, any ticket or tickets in any lottery or lotteries not
authorized and approved of by this Assembly, and shall be
thereof duly convicted, shall forfeit and pay the sum of forty
shillings for every ticket sold or offered for sale : the one-
half thereof to him or them that shall prosecute the same to
effect, and the other half to the treasury of the town where
the offence shall be committed. And all informing officers
are directed to make presentment of the breaches of this act.
An Act appointing a Brand for Horses in tlie Town of Corn-wall.
It is ordered and enacted by this Assembly, That the brand
for horses in the town of Cornwall shall be the letter or
figure following, viz: Q.
27
210 PUBLIC RECORDS [Octobcr,
[285] This Assembly do appoint Maj"- Erastus Wolcott,
Josiah Bissell and Jonathan Humphry, Esq", Overseers of
Newgate Prison for the year ensuing, and Capt. John Viets
to be Master or Keeper of said prison for the year ensuing.
Resolved hy this As-^embly, Tliat the Tj'easurer of this
Colony pay out of the publick treasury to Messrs. William
Pitkin, Erastus Wolcott and Jonathan Humphry, the sum of
one hundred eleven pounds one shilling and six pence, law-
ful money, which is in full of their account exhibited for pre-
paring the copper mines at Symsbury for a proper prison <tc. ;
and the Treasurer is hereby ordered to pay the same accord-
ingly.
On the petition of John Hunt jun"", Jonathan Blacklce,
Barnabas Hough, of Woodbury in the county of Litchfield,
and John Murrin, Samuel Summers, Jedidiah Wheeler,
Pilman Benedict, Jesse Smith, David Bitchcock, Jonathan
Hitchcock, Cornelius Bristol, Eli Roberds, David Canfield,
James Pardee and John Cannon, of New Milford in tlie
county aforesaid, vs. Shadrack Hubbel and Ralph Keeler, of
New Milford aforesaid, and Joseph Smith jun"" and Samuel
Camp, of Newtown in Fairfield county, dated April 23d, 1772,
as on file, by sundry continuances lying before this Assembly :
The question Avas now put, whether the pleas offered in
abatement of this petition are sufficient to abate the same :
Resolved by this Assembly in the affirmative. Cost allowed
respondents is £5 3 8. JExecution granted Novemher 5th, 1773.
On the petition of Elisha Whittlesey, a principal inhabitant
of the first society in Wallingford, and the rest of the
inhabitants of said society, vs. Stephen Hall, one of the
principal inhabitants and members of the society of Wells
in said town, and the rest of the society of Wells in said
town of Wallingford, dated September 28th, 1772, as on file,
by sundry continuances lying before this Assembly : The
question was now put, whether the pleas offered in abatement
of this petition are sufficient to abate the same : Resolved
by this Assembly in the affirmative.
On the petition of John Hoy, of New Haven in the county
of New Haven, vs. William McCracken, of New Haven afore-
said, dated October 2d, 1771, as on file, and on the report of
a committee appointed to enquire <fec., lying before this
Assembly : The question was put, whether said report should
be acce])ted &c., and resolved by this Assembly in the nega-
tive. Cost allowed respondent is £1 11 8. Ux. granted
Nov. 5th, 1773.
1773.] OF CONNECTICUT. 211
Cost allowed Samuel Stewart, Esq"", of Voluntown in the
county of Windham, for attendance &c. to answer a certain
petition preferred against him by Ezekiel Pierce, of Piain-
field in the county aforesaid, and now withdrawn by Jesse
Root, Esq'", attorney to the petitioner, is £9 18 4. Ux. granted
December 2Sd, 1773.
Cost allowed Masham Abishai Folger, of Nantucket in the
Province of the Massachusets Bay, and others, respondents
named in the citation annexed to a certain petition preferred
by Eliphalet Bulkley and John Bulkley 2d, both of Colchester
in the county of Hartford, dated September 20th, 1773, as on
file, and now withdrawn by Joseph Trumbull, Esq'', attorney
to the petitioners, is £2 1 6. ^x. granted Nov. 5th, 1773.
Cost allowed John Thomas, of Hartford in the county of
Hartford, for attendance &c. to answer a certain petition pre-
ferred ag-ainst him by Daniel Pratt and Ephraim Bidwell,
both of Glastonbury in the county of Hartford, dated March
27th, 1773, as on file and now withdrawn by the petitioners,
is .£3 1 0, L. money, ^x. granted Jan. Slst, 1774.
Cost allowed to Abraham Harriss, of Weathersfield in the
county of Hartford, for attendance &c. to answer a certain
petition preferred against him by Joseph Roulandson, of
Weathersfield in said county, a minor under the age of 21
years, who petitions by his guardian Zebedee Beckley of said
Weathersfield, and Hannah Roulandson, of said Weathers-
field, a minor, who also petitions by her guardian Caleb
Galpin, of Great Barrington in the county of Berkshire and
Province of the Massachusets Bay, dated May 5th, 1773, as
on file, and now withdrawn by the petitioners, is X3 2 2, L.
money. .Ex. granted Jan. 31s^, 1774. Alias ex. granted
Sept. lUh, 1774.
[286] This Assembly grants to his Honor Governor
Trumbull the sum of one hundred and fifty pounds for the
last half of his salary the current year.
This Assembly grants to the Hon^'*^ Deputy Governor
Griswold the sum of fifty pounds for the last half of his
salary the current year.
Resolved, That his Honor the Governor be desired, and he
is hereby desired, to order the present Assembly to be
adjourned to the second Wednesday of January next, to meet
at the court house in Hartford on said Wednesday for the
purpose of finishing the business now lying before this
Assembly.
This Assembly by order of his Honor the Governor was
212 PUBLIC RECOEDS [October,
adjourned by proclamation to the second Wednesday of
January next, to meet at the court house in Hartford on said
day.
Teste George Wyllys, Secret'ry.
[40] At a meeting of the Goveenor and Council Convened at
ISIew Haven October 18th, 17Y3.
Present: Hon"' Jon"' Trumbull, Esq'', 6'ov'".
Honorable Matth"' Griswold, Deputy Gov'.
Jabez Hamlin, Sbubael Conant, Elisha Sbelden, Eliphalet Dyer,
Jabez Huntington, William Pitkin, Roger Sherman, Abraham
Davenport, Wm. Sam" Johnson, Joseph Spencer, Oliver Wolcott
and James Abraham Hilhouse, Esq''', Assistants.
The selectmen of several towns in this Colony and private per-
sons exhibited their accounts for supporting and doctoring persons
who by law are to be supported by this Colony, and other neces-
sary charges and expences, which were examined and allowed, viz :
The selectmen of New Haven, for supporting simdry poor tran-
sient persons £27 7 1. Order given 29th of Odnb'' 1773.
The Selectmen of Symsbury, for supporting John King £11 18 6.
Order given Oct' 28th 1773.
The selectmen of Willington, for supporting Ann Sawyer £15 0.
Order given October 29th 1773.
The selectmen of Newtown, for supporting William Miller and
wife £18 21. Order given October 29th 1773.
The selectmen of Branford, for supporting and doctoring Mary
West £3 18 0. Order given October 29th 1773.
The selectmen of Milford, for supporting Patrick McLean £0 14 0.
Order given Ocf IJ^ 1773.
The selectmen of Woodstock, for supporting an Indian £0 12 0.
Order given Ocf 29th 1773.
[41] The selectmen of Norw^alk, for supporting Wm. Shoot £7
5 0. Order given October 1773.
Docf Aaron Andrews, Wallingford, for doctoring Moses Pay-
ment £5 17 10. Order given Octo"- 28, 1773.
Docf Thaddeus Betts, for doctoring William Shoot £0 9 0.
Order given Oct^ 29th 1773.
The selectmen of Wallingford, for supporting and doctoring
Moses Payment £219 5. Order given Octd" 28th 1773.
The selectmen of Sharon, for supporting Peter Gimbleton £8 9
3 Order given October 28th 1773.
The selectmen of Pomfrit, for supporting John Bowdish Green
£20 7 61 Order given 20th Ocf 1773.
The selectmen of Stonington, for supporting Daniel Cullener £8
13 6. Order given OcV 20th 1773.
The selectmen of Pomfrit, for supporting Wm. Stephen Keys
£8 17 6. Order given October 20th 1773.
1774.] OF CONNECTICUT. 213
The selectmen of Plainfield, for supporting Mary AUyn £6 19 4.
Order given October 29th 1773.
The selectmen of Danbury, for supporting Benj" Thomas £10
12 7. Order cjivev (ke 29th 1773.
Docf Lewis, Wallingford, for doctoring Moses Eayment £4 4 0.
Order given Ocf 28th 1773.
Docf Jared Potter of Branford, for doctoring Christ' Pate £0
16 0. Order given Oct"- 29th 1773.
[289] Anno Regni Regis Gieorgii tertii decimo-quarto.
At a Geneeal Assembly of the Governor and Company op
THE English Colony of Connecticut in New England in
America, holden at Hartford in said Colony, by ad-
journment, on the second Wednesday op January, being
the twelfth day of said month, and continued by sev-
ERAL adjournments to the TWENTY NINTH DAY OF THE
SAME month, annoque Domini 1774,
Present :
The Honorable Jonathan Trumbull, Esq"", Governor.
The Honorable Mathew Griswold, Esq!", Deputy Governor.
Jabez Hamlin, Esq'', Eoger Sherman, Esq"",
Shubael Conant, Esq'', Abraham Davenport, Esq"",
Elisha Sheldon, Esq'', Wm. Samuel Johnson, Esq'',
Eliphalet Dyer, Esq'',- Joseph Spencer, Esq'',
Jabez Huntington, Esq'', Oliver Wolcott, Esq'',
William Pitkin, Esq', Ja's. Abr'm. Hilhouse, Esq"",
Representatives or Deputies of the Freemen of the several
Towns are as follow, viz :
Colo. John Pitkin, Mr. Benjamin Payne, for Hartford.
Capt. Jabez Brainerd, Capt. John Brooks, for Haddam.
Capt. Hezh Humphry, Capt. Jonath. Pettibone, for Syms-
bury.
Mr. William Wolcott, Maj'' Erastus Wolcott, for East
Windsor.
Mr. Daniel Brainerd, Mr. Jabez Chapman, for East Hadam.
Mr. Zerah Kibbee, for Somers.
[290] Mr. Elijah Fenton, for Willington.
Mr. Alexander King, for Suffield.
Capt. Thomas Belding, Mr. Silas Dean, for Weatliersfield.
Mr. Josiah Converse, Mr. Joshua Fuller, for Stafford.
Mr. Peter Reynolds, Mr. Nathaniel Terry, for Enfield.
Colo. John Strong, Colo. Isaac Lee, for Farmingiun.
Mr. William Wells, Capt. Jonathan Wells, for Glastonbury.
Capt. Joel White, Capt. Thomas Pitkin, for Bolton.
214 PUBLIC RECORDS [January,
Capt. Samuel Chapman, Mr. Sch^ Griggs, for Tolland.
Capt. Josiah Bissell, Mr. Oliver Elsworth, for Windsor.
Mr. Ebenezer White, Capt. Silas Dunham, for Chatham.
Maj"" Henry Champion, Mr. Daniel Foot, for Colchester.
Mr. Richard Alsop, Mr. Titus Elosmer, for Midletown.
Capt. Daniel Ingham, Capt. Obadiah Horsford, for Hebron.
Mr. Samuel Bishop, for New Haven.
Colo. Elihu Chauncey, Maj'' James Wadsworth, for Durham.
Mr. Edward Russell, Mr. James Barker, for Branford.
Capt. Jolm Wooster, Mr. Joseph Hull, for Derby.
Mr. Samuel Brown, Capt. Andrew Ward, for Guilford.
Mr. Joseph Hopkins, Capt. Jonath. Baldwin, for Waterbury.
Capt. Macock Ward, Capt. Reuben Atwater, for Wallingford.
Capt. John Fowler, Maj'" David Baldwin, for Milford.
Mr. Richard Law, Mr. William Hilhouse, for New London.
Mr. Benja. Huntington, Mr. Isaac Tracy, for Norwich.
Majr Samuel H. Parsons, Mr. William Noyes, for Lyme.
Majr Charles Phelps, Capt. Daniel Fish, for Stonington.
Capt. John Pierson. for Killingsworth.
Capt. Roger Sterry, Capt. John Tyler, for Preston.
Mr. Stephen Chalker, Capt. William Worthington, for Say-
brook.
Capt. William Morgan, Mr. Thomas Mumford, for Groton.
Ebenezer Silliman, Esq"", for Fairfield.
Mr. James Rogers, for Readins;.
Colo. Philip B. Bradley, for Ridgfield.
Mr. Benjamin Weed, for Stamford.
Mr. Alex-- Stewart, Mr. Alex'- Fairchild, for New Fairfield.
Capt. Joseph Piatt Cook, for Danbury.
Mr. Thomas Belden, for Norwalk.
Capt. Robert Fairchild, Mr. Abner Judson, for Stratford.
Capt. Henry Glover, Mr. Peter Nichols, for Newtown.
Capt. John Mead, for Greenwich.
Capt. Jabez Huntington, Mr. Nathaniel Wales, for Windham.
Colo. William Williams, Mr. Beriah Southworth, for Lebanon.
[291] Capt. Isaac Gallop, Mr. Samuel Gordon, for Voluntown.
Mr. Samuel Craft, Mr. David Williams, for Pomfret.
Capt. John Douglas, for Plainfield.
Mr. Phineas Strong, Capt. Ebenez'' Kingsbury, for Coventry.
Colo. Jabez Fitch, Mr. Solomon Payne, for Canterbury.
Mr. Jedediah Morse, for Woodstock.
Mr. Constant Southworth, Mr. Edmund Freeman, for Mans-
field.
Mr. Amos Badcock, Mr. Ezra Smith, for Ashford.
Mr Lusher Gay, Mr. Benjamin Leavins, for Killingley.
1774.] OF CONNECTICUT. 215
Mr. Jedediah Strong. Capt. David Welch, for Litchfield.
Mr. Heman Swift, Mr. Thomas Russell, for Cornwall.
Capt. Samuel Forbs, Maj"- Charles Burrill, for Canaan.
Capt. Mathew Gillett, Mr. Seth Smith, for New Hartford.
Mr. Joshua Porter, Capt. James Landon, for Salisbury.
Mr. Josiah Phelps, for Harwington.
Mr. Ephraim Hubbel, Capt. Justus Sacket, for Kent.
Mr. James Pardee, for Sharon.
Mr. Daniel Sherman, Capt. Increase Mosely, for Woodbury.
Capt. Sherman Boardman, Capt. Samuel Canfield, for New
Milford.
Mr. Asaph Hall, for Goshen,
Mr. John Cook, Mr. Epaphras Sheldon, for Torrington.
Ebenezer Silliman, Esq"", Speaker ) of the House of
William Williams, Esq'', Cierk ( Representatives.
An Act in Explanation or Addition of an Act entituled An Act in Addi-
tion to and Alteration of one Act of this Colony entituled An Act for
directing and regulating the Levying and Serving Executions.
Whereas it is provided in said act last made, that whenso-
ever any execution shall be levied on lands the same shall be
apprized by three indifferent freeholders of the same town
where such lands lie &c. : And whereas doubts and disputes
have arisen and may arise, whether any execution when the
same is in favour of the town where such lands lie can be
proceeded with agreeable to the directions of said act :
Which for the future to prevent,
Be it enacted by the Governor, Council and Representatives,
in G-eneral Court assembled, and by the authority of the same,
That when execution in favour of any town shall be levied
on any lands, three freeholders of such town where such
lands lie shall not be deemed indifferent freeholders for the
purpose aforesaid, but in such case the appiizers shall be in-
habitants and freeholders of the next adjoining town.
[292] An Act providing for the Payment of the Cost of prosecuting
Delinquents.
Be it enacted by the Cfovernor, Council and Representatives,
in Greneral Court assembled, and by the authority of the same,
That the cost of prosecuting delinquents on indictment or
information made by the King's officers, when such delin-
quents have no estate to pay the same, shall be paid out of
tlie treasury into which the fines, forfeitures or penalties
adjudged against such delinquents on conviction are by law
to be paid and belong ; and tlie cost already incurred on such
convictions shall in like manner be paid out of such treasury
into which the fines or forfeitures are by law to be paid, as is
before in this act provided for the payment of cost which
may hereafter arise.
216 PUBLIC RECORDS [January,
An Act in Addition to and Alteration of an Act entituled An Act for
raising- a certain Sum to be appropriated to tlie Erecting and Maintain-
ing a Liglit-House near the Port of New London, and for laying a Tax
on Shipping for the Support thereof.
Whereas by said act it is enacted, that all vessels entering
and clearing out for any port or place more remote than Phil-
adelphia in Pensylvania, and Portsmouth in New Hampshire,
above twenty tons and not more than fifty tons the sum of
four shillings and six pence, lawful money, and for each ves-
sel above fifty tons and not more than one hundred tons the
sum of six shillings, and so in proportion as they shall be
larger : And as the tax afoi'esaid is found insufficient for the
support and maintenance of the light-house,
Be it further enacted, That from the first day of March
next, each vessel in burthen twenty tons and not more than
fifty tons shall pay the sum of six shillings, lawful money,
and each vessel above fifty tons and not more than seventy
tons the sum of seven shillings and six pence, and each vessel
above sevent}^ tons and not more than ninety tons the sum of
nine shillings, and each vessel more than ninety tons and not
more than one hundred tons ten shillings and six pence ; and
so in proportion as tliey shall be larger.
And he it further enacted, That all vessels not belonging
to this Colony which shall enter and clear at the said port
shall be subjected to a tax double what is hereby laid on the
navigation of this Colony ; and all vessels that shall harbour
and anchor in the port of New London shall be subjected to
pay, towards the support of the light house, at the same rate
as the vessels belonging to this Colony pay when they clear
out ; which tax becoming due as aforesaid shall from time to
time be paid to and collected by the naval officers of the ports
where any such vessel shall be cleared out, deducting for
their fees as they are allowed for collecting other duties. And
the naval officer of the port of New Haven is hereby directed
to forward the tax he shall collect, quarterly, to the naval
officer of the port of New London, for the convenience and
speedy accommodation of the light house ; which is to be by
him appropriated to the use aforesaid ; any law, usage or
custom to the contrary notwithstanding.
An Act in Addition to and Alteration of an Act entituled An Act for
ordering, restraining and preserving Sheep.
[293J WJiereas it is practised in some of the towns in this
Colony by some particular inhabitants to turn large flocks of
sheep on the highways with a keeper, and thereby eat up and
destroy the herbage therein, to the great detriment of the
poor inhabitants of such towns : Which to prevent,
Be it enacted by the Grovernor, Council and Representatives,
in General Court assembled, and by the authority of the same,
1774] OF CONNECTICUT. 217
That no particular person in any town in this Colony shall
for the future turn any flock of sheep on tlie highways, with
a keeper, of more than fifty, to eat up and consume the
herbage therein, without liberty first had and obtained from
such town or the proprietors thereof ; on pain that every
offender shall forfeit and pay the sum of twenty shillings for
every such offence, to him or them who will sue for and
prosecute the same to effect.
Resolved by tliis Assembly^ That the Hon''''' Mathew Gris-
wold. Esq', Eliphalet Dyer, Roger Sherman, William Sami
Johnson, Samuel Holden Parsons, Silas Dean, William Wil-
liams and Jedediah Strong, Esq'^ be and they are herel)y
appointed and impowered, to assist his Honor Governor
Trumbull in collecting and preparing all exhibits and docu-
ments necessary to pursue and prosecute the claim and title
of this Colony to the lands lying within the boundaries of
the grant and charter of the Colony west of Delaware River,
at the Court of Great Britain, and to make a proper state of
said cause to be transmitted to Great Britain for that purpose ;
and to report to this Assembly from time to time of their
proceedings therein.
Resolved by this Assembly, That his Honor the Governor
be and he is hereby desired, from time to time, to transmit
to the Agent for this Colony all such papers, documents, intel-
ligence and preparations, as his Honor and the committee
appointed by this Assembly to assist him therein shall be
able to collect and furnish, relative to the lands claimed by
this Colony westward of the river Delaware, and to give the
said Agent such instructions and directions for his conduct
concerning the same and the management of any cause or
causes that shall or may be instituted in Great Britain touch-
ing the said lands, or any part of them, as his Honor and the
said committee shall from time to time agree upon, and as
the exigency of the controversy concerning said lands shall
or may require.
Whereas the General Assembly of this Colony at their ses-
sions at Hartford in Ma}^, 1771, did resolve and declare, that
the lands west of the river Delaware and in the latitude of
that part of this Colony eastward of the Province of New
York are well contained within the boundaries and descrip-
tion of the charter of King Charles the second to this Colony :
And whereas a large number of people are settled on part of
those lands, at or near a place called Wyoming, under the
claim of this Colony, and have made their humble applica-
tion to this Assembly to take them under the protection and
2S
218 PUBLIC RECORDS [January,
government of this Colony : And whereas many persons of
suspicious and bad characters, to escape from justice and to
carry on their villanous designs with impunity, do resort to
said place to the great disquiet of the well-disposed people set-
tled there, whereby publick justice may be evaded and iniquity
encouraged : For remedy thereof,
Be it enacted he the Governor^ Council and Representatives,
in Greneral Court assembled, and hy tJie authority of the same,
That the inhabitants dwelling within the bounds of this
Colony on the west side of the river Delaware be and they
are hereby made and constituted a distinct town, with lilvC
powers and privileges as other towns in this Colony by law
have, within the following bounds and limits, viz: Bounded
east by said Delaware River, north by the north line of this
Colony, west by a north and south line across the Colony at
fifteen miles distance west from a place in Susquehannah
River called Wyoming, and south by the south line of this
[294] Colony ; which town is hereby annexed to the county of ||
Litchfield, and shall be called by the name of Westmoreland.
Provided nevertheless, That no person dwelling in any
other town in this Colony shall be liable to be sued be-
fore any justice of the peace in said town of Westmoreland,
nor shall any person inhabiting within said town of West-
moreland be sued or called from thence, to answer in any
civil action before a justice of the peace in any other town ;
nor shall the sheriff of the county of Litchfield, or any of
his deputies dwelling in any other town in this Colony, be
compelled to receive any writs to be served in said town of
Westmoreland in any civil action.
Resolved, That the committee appointed by this Assembly
to assist his Honor Governor Trumbull in preparing tlie
necessary exhibits and evidences to support the claim of the
Colony to the western lands be, and they are hereby, author-
ized to engage, procure and employ, suitable persons to ascer-
tain the latitudes and longitudes of the north and south lines
of the Colony, at such places as they shall find necessary and
convenient for the purposes aforesaid.
Whereas this Assembly have resolved that they will assert
their claim, and in some proper way support such claim, to
those lands contained within the limits and boundaries of
the charter of this Colony which are westward of the Prov-
ince of New York,
Be it therefore enacted liy the Governor, Council and Rep-
resentatives, in General Court assembled, avid by the authority
of the same, That his Honor the Governor be and he is hereby
1774.] OP CONNECTICUT. 219
authorized and desired to issue a proclamation forbidding
any person or persons whatsoever taking up, entering on, or
settling any of the lands contained and included in the
charter of this Colony lying westward of the Province of
New York, without liberty first had and obtained from the
General Assembly of this Colony.*
Resolved hy this Assembly, That Roger Sherman, James
Abraham Hilhouse, Esq'"% and Mr. Thomas Howell, be and
they are hereby appointed a committee, upon application to
them made, to take into consideration the claims and settle-
ments lately made by divers persons on the lands situate on or
near the waters of the Susquehannah River within the limits
and boundaries of the charter to this Colony, and to endeavour
to adjust and settle with such claimants and settlers what
and how much of their respective claims they shall hold and
be quieted in under the title of this Colony, and on what
terms; and their report thereof to make to the G-eneral As-
sembly of this Colony in May next ; and that those people
who have been settled within the limits of this Colony on the
west side of Delaware River for more than fifteen years last
past be quieted in their respective settlements.
Resolved hy this Assembly, That Thomas Life, Esq"", Agent
for this Colony, be and he is hereby fully authorized and im-
powered to appear, plead, pursue, answer and defend in behalf
of this Colony, in all courts and in all causes, matters and
things, as he shall be advised relative to the title and claim
of this Colony to the lands within the bounds and- limits of
our charter from his late Majesty, King Charles the second,
pursuant to such instructions and directions as he shall from
time to time receive from his Honor the Governor; and that
a proper power be made out under the seal of this Colony, to
be signed by the Governor and transmitted to him for that
purpose.
[295] Resolved by this Assembly, That Mr. Thomas Life's
salary, as Agent for this Colony, for the future shall be one
hundred pounds sterling per annum.
This Assembly grants to Thomas Life, Esq"", one hundred
pounds sterling, for two years salary due to him as Agent
for this Colony ; and the Treasurer of this Colony is hereby
directed to pay the same to him accordingly.
* Governor Trumbull accordingly issued a proclamation, dated Jan-
uary 27, 1774. Governor Penn, Feb. 28th, 1774, issued a proclamation
forbidding any of the inhabitants of that Province to pay obedience or
regard to orders given by any person presuming to act within the limits
thereof by virtue of powers or instructions from the government of Con-
necticut, etc. PennsyUiniLa ('olotiial Records, x, 153.
220 PUBLIC RECORDS [Janiimy,
This Assembly do appoint Capt. Zebulon Butler and Mr.
Nathan Denison Justices of the Peace for the county of Litch-
field until the first day of June next, and that they be com-
missioned accordingly.
Resolved hy this AssemUy^ That Zebulon Butler, Esqs jus-
tice of the peace for the county of Litchfield, do and he is
liereby authorized and directed to issue a warrant as soon as
may be, to notify the inhabitants of the town of Westmore-
land in said county to meet, at such time and place as he
shall appoint within said town, to choose town officers and
to do any other business proper to be done at such meeting.
Resolved hy this Assembly, That the Treasurer of this
Colony be and he is hereby directed and ordered to pay unto
Eliphalet Dyer, William Samuel Johnson and Jedediah Strong,
Esq'', the sum of one hundred seventy-one pounds nineteen
shillings and eleven pence, lawful money, for their expence
and services in their journey to Philadelphia.
Resolved, That the Secretary of this Colony be and he is
hereby directed, at the expence of the Colony, to collect, re-
vise and file such papers and exhibits as are or may be of use
and particular service towards the compleating of a History,
principally of this Colony, which is now and for some years
past has been preparing by the Rev'' Mr. Trumbull of New
Haven; and that said Mr. Trumbull be permitted to receive
and to take into his safe custody such and so many of those
papers as he shall apprehend necessary for the aforesaid pur-
pose : the same again to return into the office fi"om whence
taken within six months after his reception thereof.
Resolved, That the superior court which stands adjourned
to the last Tuesday in January instant in and for the county
of Litchfield be and the same is hereby adjourned to the first
Tuesday in February next, then to be held at Litchfield in
and for said county of Litchfield ; and all persons concerned
are hereby required to take notice thereof accordingly.
Upon the representation of the overseers of Newgate
Prison : It is resolved by this Assembly, that said overseers
be and they are hereby directed and impowered to cause the
east shaft of said prison* to be effectually secured with stone
or iron, at their discretion, and to cause a log-house to be
built and to consist of two or three rooms, one of which to
be directly over the west shaft of said prison ; taking care to
preserve a free communication of air.
*One John Hinson, a prisoner, had escaped through this shaft by aid
from the outside. Grimes & Misdemeanors, VI, 853.
1774.] OF CONNECTICUT. 221
This Assembly do appoint Mr. Nathan Bulkley of Fairfield
to be a Justice of the Peace for the county of Fairfield until
the first day of June next.
[296] This Assembly do appoint Major William Pamuel
Johnson, Esq"", to be Lieutenant-Colonel of the fourth regi-
ment of militia in this Colony, in the room of Lieutenant-
Colo. David Burr, deceas'd.
This Assembly do appoint Capt. Gold Selleck Silliman,
Esqr, to be Major of the fourth regiment of militia in this
Colony, in the room of Major William Sam' Johnson, pro-
moted.
This Assembly do establish Joel Northrup to be Captain
of the tenth company or trainband in the second regiment
in this Colony.
This Assembly do establish Titus Smith to be Lieutenant
of the tenth company or trainband in the second regiment
in this Colony.
This Assembly do establish Barnabas Baldwin jun"" to be
Ensign of the tenth company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Enoch Baldwin to be Lieuten-
ant of the troop of horse in the second regiment in this
Colony.
This Assembly do establish Isaac Treat to be Cornet of the
troop of horse in the second regiment in this Colony.
This Assembly do establish Enoch Woodruff to be Quarter-
Master of the troop of horse in the second regiment in this
Colony.
This Assembly do establish William Hibbard to be Lieu-
tenant of the nineteenth company or trainband in the elev-
enth regiment in this Colony.
This Assembly do establish Joseph Birge to be Ensign of
the nineteenth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Jonathan Warner to be Lieu-
tenant of the fifth company or trainband in the town of
Lyme.
This Assembly do establish Elijah Bingham to be Ensign
of the fifth company or trainband in the town of Lyme.
This Assembly do establish John Gallop to be Captain of
the first company or trainband in the 11th regiment in this
Colony.
This Assembly do establish Waterman Clift to be Lieuten-
ant of the first company or trainband in the 11th regiment in
this Colony.
222 PUBLIC RECORDS [January,
Upon the petition of Elijah Clapp, of Hartford in the county
of Hartford, shewing: to this Assembly that about the 1st
day of December, 1763, he was indebted to Joshua Chand-
ler, Esq"", for money borrowed, the sum of ,£150 0, lawful
money; that for the security of the payment of said sum
with the interest he mortgaged to said Chandler his, the
petitioner's, homestead in said Hartford, containing about ten
acres, with a dwelling-house and barn standing on the same,
being of much greater value than said money borrowed ;
[297] that he is || willing to pay the principal and interest
for which said land was mortgaged ; praying tliat said
Chandler upon the petitioner's paying and satisfying said
sum of £150 0, with the interest, may release said lands
and buildings : to which petition the petitionee made no ob-
jection but likewise prays the same may be granted : Where-
upon it is resolved by this Assembly, that upon the petition-
er's paying said sum of £150 0, lawful money, with inter-
est and costs of ejectment arisen on the suit now depending,
that the said Chandler release and reconvey all his right and
title in and to said mortgaged premises to the petitioner ;
and that the petitioner pay said sum with interest and costs
as aforesaid in the space of six months from the rising of
this Assembly, and that on failure thereof he be, and he is
hereby, barred and foreclosed of his right or equity of re-
demption in and unto said mortgaged premises and all his
right and title thereto either in law or equity.
Upon the petition of Jonathan Metcalf &c., vs. Zebulon
Babcock &c. : Resolved by this Assembly, that the further
consideration of said petition be referred to the General As-
sembly in May next, and that all proceedings and suits in
any of the courts of law depending in consequence of the
judgment complained of and proceedings thereon be stayed
in the mean time.
Upon the petition of Ebenezer Grant, shewing that Abiel
Abbott of East Windsor was indebted to him in a large sum
&c.; that he had attach'd a tract of land which the said
Abiel had conveyed by deed to Chester Wells of Weathers-
field in security of an execution in his hands which the said
Chester had sold for that purpose and fully paid himself for
said execution, and that there remained a surplus in his
hands &c.; whereupon a committee hath been appointed to
examine &c., who have now reported that there remains in
the hands of the said Chester the sum of £14 5 2, lawful
money, which the petitioner ought to have &c.; which said
report is now accepted and approved &c.: Resolved ])y this
1774.] OF CONNECTICUT. 223
Assembly, that the said Chester Wells shall pay to the said
Ebenezer Grant the sum of X14 5 2, lawful money, and that
the Secretary do and shall issue execution for the same
accordingly. Execution granted JarCy Qth, 1788.
Upon the Petition of Elisha Baker, Esq'", representing that
he is unable to pay all his just debts ; praying for a special
act of insolvency &c., as per petition on file : Resolved by
this Assembly, that said petition be referred to the consid-
eration of this Assembly at tlieir sessions in May next ; and
the person and estate of the said Baker be and the same is
hereby protected and freed from any arrest or imprisonment,
either on mesne process or execution, for any debt or duty
now due and oweing from the said Baker to any of his cred-
itors who are parties to said petition, until the rising of this
Asseml)ly in May next.
Upon the petition of Sarah Wolcott of Branford, against
Jeremiah Wolcott of said Branford, preferred to the General
Assembly at their sessions in May, 1773, praying for a bill of
divorce &c., for the reasons alledged in said petition : Re-
solved by this Assembly, that the said Sarah be released from
her matrimonial bonds and obligations to the said Wolcott,
and she is hereby discliarged therefrom. And it is further
resolved, that Jabez Hamlin, Elisha Williams and James
Wadsworth jun% Esq", be a committee with full power and
authority to repair to said Branfoid, make diligent enquiry
into the circumstances and situation of the goods and estate
belonging to the said Jeremiah and Sarah at the time of
['298] bringing said petition, as also the || circumstances of
the family of said Jeremiah at the time aforesaid, and report
make to this Assembly at their sessions in May next, that
such orders and regulations may be made relative to said
estate as may by said Assembly be judged just and equitable ;
and that the estate which belonged to them at and until the
time of the divorce be and remain in the same legal state as
it was before said divorce until the report of said committee
and the further order of this Assembly relative to said estate
be had thereon.
Upon the petition of Joshua Phelps, of Harwington in
Litchfield county, shewing to this Assembly that by reason
of divers losses, suretyships and other misfortunes, he has
become insolvent and unable to pay all his just debts ; on
which a committee has been appointed, who have made tlieir
report, in which they find that the said Phelps has by reason
of great losses, sickness, misfortunes and divers suretyships,
become insolvent; that he now stands indebted to divers per-
224 PUBLIC RECORDS [January,
sons to the amount of about one hundred and seventy-five
pounds in the whole, exchisive of the cost of bringing for-
ward said petition, and that the whole of his estate amounts
only to about the sum of twelve pounds, lawful money, which
almost wholly consists of articles of necessary household
furniture ; and tliat said committee have reported their opin-
ion that the body of said Phelps ought to be freed from any
arrest or imprisonment, either on mesne process or execu-
tion, for any debt now due to any person or persons who are
parties to said petition ; which report having by this Assem-
bly been accepted, as per petition and report on file : Re-
solved by this Assembly, that the body of the said Phelps be
and the same is hereby for the futui-e liberated and freed
from any arrest or imprisonment, either on mesne process or
execution, for any debt or duty now due and oweing to any
person or persons who are parties to said petition.
Upon the petition of Elisha Royce, of Wallingford in New
Haven county, representing that by misfortune he lias
become unable to pay all liis just debts ; praying for relief
<^c. ; on which petition a committee have been appointed and
made their report, in which they find that the said Royce
now stands indebted to divers persons to the amount of £522
0, which is X263 more than said Royce is worth ; that
one Robert Royce was previous to the briijging said petition
bound for said Elisha for about thirty pounds, for whose
security he had made a considerable quantity of personal
estate ; that he had also conveyed by deed to said Robert all
his real estate for the use of Benjamin and Joseph Green of
Boston, and that the said Elisha has become reduced by mis-
fortune in trade, &c., as per petition and report on file: Re-
solved by this Assembly, that Capt. Reuben Atwater. Capt.
Eliakim Hall and Miles Johnson, all of said Wallingford, be
and they are hereby appointed trustees with full power to
receive a conveyance of all the real and personal estate and
credits of the said Elisha, except his household furniture, for
the use and benefit of his creditors, and the same to convert
into money and divide amongst all his creditors in proportion
to their respective debts, being first ascertained by said
trustees, or to make an equal division of said estate among
his said creditors according to their respective debts as afore-
said, in case they shall so agree. And the said trustees hereby
have full power to call the said Royce before them and examine
respecting any concealments of said estate. And upon liis,
the said Elislia's, resigning up all his credits, estate and
effects of what nature and kind soever, (except as above
1774.] OF CONNECTICUT. 225
excepted,) into tlie hands of said trustees for the use and
benefit of his creditors and conforming" liimself in all things
[299] to this act, his j| body shall be liberated, freed and pro-
tected from any arrest or imprisonment, either on mesne
process or execution, for any debt or duty from him due and
ovveing at the date of said petition to any of his creditors
parties to said petition.
Upon the petition of Samuel Stone Butler, of Harwington
in Litchfield county, representing that by reason of misfor-
tune he is not able to pay all his just debts ; praying for an
act of insolvency to pass in his favour ; on which petition a
committee has been appointed, who having made their report
in which they find that the said Butler now stands indebted
to divers persons to the amount of <£174 0, lawful money,
in the whole ; that the whole of his estate amounts only to
the sum of £9 12 0, which consists chiefly in articles of neces-
sary household furniture ; that he has been reduced by means
of sickness and other peculiar misfortunes, and that they
think it would be reasonable that an act of insolvency should
pass in his favour, &c., as per petition and report on file :
Resolved by this Assembly, that the person of the said Butler
be and the same hereby is for the future liberated, freed and
protected from any arrests or imprisonment, either on mesne
process or execution, for any debt or duty now due and
oweing from the said Butler to any of his creditors who are
parties to said petition.
Upon the petition of William Tiley, William Knox and
Daniel Marsh jun^, all of Hartford, representing that Doct.
Normand Morrison late of Hartford, deceas'd, in his life time
made his last will and testament, since proved and approved,
and therein appointed his wife Anne Morison, George Smith
and John Walker his executors ; that the said Anne soon
afterwards died, and the said George Smith declining to
transact, the trust of executing said will devolved upon said
Walker, and he proceeded in collecting, paying and settling
the debts and estate of said deceas'd Norman until May, 1766,
when a controversy arose between said Walker in his said
capacity and the petitioners, respecting said Walker's conduct
in his said trust ; that they submitted the same to an arbitra-
ment and gave notes to abide the award that should be made
thereon ; that said Walker recovered a judgment on the note
given by the petitioners to abide said award, on an ex parte
hearing before referees for the sum of =£217 16 8f, damages,
and <£15 15 6, costs of suit, and execution is now against
them therefor ; praying for a committee to examine and re-
2.>
226 PUBLIC RECORDS [Jaiumry,
view the same together with the whole conduct of the said
Walker in his said trust from first to last, and that he may be no
further allowed to transact with said estate etc., as per peti-
tion &G. ; whereupon a committee has been duly appointed,
and have now reported, that thereis now due to the said Walker
upon the whole of the matters referred to in said petition the
sum of c£42 17 2^, lawful money, and no more ; that the
said William Tiley has resigned his trust as guardian to
Normand Morison, a minor, and the said William Knox is
appointed guardian in his stead ; that the said Walker desires
to be dismissed from his said trust &c. ; which report is
accepted and approved &c. : Resolved by this Assembly, that
the said Daniel Marsh and William Knox shall pay to the
said John W^alker the said sum of £42 17 2i, to wit : the said
Daniel one third part thereof, and the said William two third
parts thereof, for himself and as guardian to the said Noi'-
mand, a minor, and that said judgment and execution recov-
ered against them, the said Tiley, Marsh and Knox, be and
the same is hereby made null and void, and that the said
Walker be and he is hereby dismissed from his said trust,
and utterly disabled to act or intermeddle any further therein.
And it is further resolved, that Messrs. James Church and
William Adams be and they are hereby appointed adminis-
trators de bonis non, with the said will annexed, and fully im-
powered to compleat the settlement of the estate of said
deceas'd Normand.
[300] Upon the petition of Elizur Hubbard, of Glastonbury,
against William Samuel Johnson, Esq^, of Stratford, shewing
that in A. D. 1763, the petitioner was indebted to Peter and
Mary Mallett, executors of the last will and testament of
Peter Mallet late of Milford, deceas'd, the sum of £976 5 5,
lawful money, and the petitioner having made sundry pay-
ments, among which were two, viz : one made by Col. Wil-
liam Pitkin of the sum of £28 13 0, L. money, and fifty
pounds, money of New Yoi^k, by the hand of Henry Arnold,
both which last mentioned payments amount to £66 3 0, L.
money, and that soon after the petitioner not knowing of said
two last payments settled and adjusted several payments,
exclusive of said two last, with the petitionee as attorney to
said Mallets, and gave a bond for the balance then found
due as aforesaid to the petitionee in his own name, on which
bond the petitionee has since recovered judgment and
execution &c., since which the petitioner has discovered said
payments &c., and prays to have said sum of £66 3 0, and
interest thereon, applied to the payment of said execution
1774.] OF CONNECTICUT. « 227
<fec., as per petition on file: Resolved by this Assembly, that
said sum of £QQ 3 0, lawful money, and the interest thereof
from the date of the bond given by the petitioner to the peti-
tionee, be applied to and allowed upon said last mentioned
execution in favour of the petitionee against the petitioner ;
and the petitionee is hereby ordered and injoyned to endorse
and allow the same in manner aforesaid, or pay the petitioner
the sum of two hundred pounds, lawful money, to be recovered
by scire facias before this Assembly.
Upon the petition of Raynold Marvin of Litchfield, shew-
ing to this Assembly that by reason of divers misfortunes he
has become unable to pay all his just debts &g. ; praying for
relief &c. ; on which petition a committee have been appointed
and made their report, in which they find that said Marvin
has by reason of divers misfortunes, suretyships &c., his
affairs have become peculiarly involved and embarrassed ;
tliat he now stands indebted to divers persons to a very con-
siderable amount, some part of which have by them been as-
certained ; that said Marvin is now possessed of a large real
estate, which together with his credits will probably be nearly
sufficient to pay all his debts exclusive of his household fur-
niture and library ; that after the service of said petition, and
after said Marvin had given a particular account of his estate
and state of his affairs to his creditors in order for a composition,
sundry of them did in consequence thereof cause considerable
part of his estate to be attached ; and said committee also
gave their opinion that it would be much best, both for said
Marvin and his creditors, that his estate should be resigned up
into the hands of trustees and a special act of insolvency
pass in his favour, as per petition and report on file : Resolved
by this Assembly, that Abraham Bradley, Moses Seymour
and Miles Beach, all of said Litchfield, be and they are here-
by appointed trustees, with full power to receive of the said
Marvin a conveyance of all his credits and estate of what
nature or kind soever, except his household furniture and
library and one riding horse and tackling for the use of him-
self and family ; which said trustees are hereby impowered
to bring actions in their own name for the recovery of any
debts due to said Marvin, and to defend in any suit that may
be brought for the recovery of any debt due or claimed to be
due from him, and to compromise or settle by arbitration or
otherwise any debts due to said Marvin, and to ascertain all
those debts due from him to any of his creditors that have
not been ascertained by said committee, and convert said
estate into money, and to divide tiie same among all his cred-
228 ' PUBLIC RECORDS [January,
itors in proportion to their respective debts, without any ])refer-
ence being given to au}^ of said attaching creditors, oi- other-
wise to divide said estate <fec. among said creditors as afore-
said, in case they shall so agree ; for which purpose said
trustees are directed to notify a meeting of tlie creditors at
such time as they shall appoint in some of the public papers
of this government and New York, six weeks successively next
before such meeting ; which creditors at such meeting shall
[301] have full power by a major vote both in number and ||
value, to agree in a division of said estate in proportion to
each of their debts ascertained or to be ascertained as afore-
said, without any advantage being given to said Hazard on
account of the interest contained in said computation as men-
tioned in said report. And that upon said Marvin's resigning
up into the hands of said trustees all his said credits and
estate, except as above excepted, and making a legal convey-
ance of the same for the use and benefit of his creditors by
the first day of May next, together with his notes, books,
vouchers and securities, he shall thereupon be liberated, freed
and protected from any arrest or imprisonment, either on
mesne process or execution, for any debt or duty due and
oweing from said Marvin at the date of said petition. And
it is also resolved, that any two of said trustees may execute
their said trust.
Upon the petition of Josiah Phelps, of Windsor in the
county of Hartford, shewing to this Assembly that in the
summer, A.D. 1763, John Lewiss, of Symsbury in said county,
wanted to borrow at New York three hundred pounds, York
money, and that the petitioner and Charles Caldwell, of Hart-
ford in said county, who was then in good circumstances, at
the special instance and request and for the sole debt of said
Lewiss, became jointly bound with said Lewiss to Messrs.
Marston and Vanhorn for said sum, and the petitioner and
said Caldwell received and by the agreement of said Lewiss
was to hold said money as their security until said Lewiss
should bring and deliver to each of them, said Phelps and Cald-
well, a several security for one half of said sum, viz: for
£150 0, York money, each, and that soon after said Lewiss
delivered to said Phelps security for one half of said sum and
received of said Phelps one half of said money ; and that said
Lewiss neglected to give security to said Caldwell for the
other half of said sum or to require the same of said Cald-
well until about six years had elapsed and until said Cald-
well and said Lewiss had both become bankrupts ; and that
said Lewiss brought his action of indebitatus assumpsit against
1774.] OF CONNECTICUT. 229
said Phelps and Caldwell for said three hundred pounds by
tliem received as aforesaid for the use of said Lewiss, and
before the superior court holden at Hartford on the first
Tuesday of September, 1772, recovered judgment against said
Phelps and Caldwell for £112 10 0, lawful money, damages,
and Xll 3 10, costs of suit &c. ; further shewing that not-
withstanding the petitioner was liable at law, yet by the after
agreement of said Lewiss said £150 0, York money, was
put into and was to remain in said Caldwell's hands until he
larought him security therefor, and that said Lewiss omitted
to give security to said Caldwell until about six years after
and until said Caldwell became bankrupt ; further shewing,
that said Caldwell has in fact, by orders, payments and dis-
counts, fully paid said Lewiss said sum, which in the tryal at
law the petitioner had no opportunity to shew, and, as he con-
ceives, said Caldwell is in some measure joined with said
Lewiss to recover said sum of your petitioner and they toge-
ther to share the plunder &c. ; and praying for a committee
<fec.,as per petition on file: Resolved by this Assembly, that
John Pitkin, Elisha Williams and William Wells, Esqi's, be and
they are hereby appointed a committee with power to enquire
after the payments, orders and discounts made by said Cald-
"(vell towards said £150 0, York money, by the oaths of the
parties or otherways as they shall judge necessary ; also to
enquire relative to said Lewiss' consenting that said £150
should lie in said Caldwell's hands until said Lewiss should
bring said Caldwell security therefor ; also to enquire relative
to said Lewiss neglecting to bring such security and to call
upon said Caldwell for said money the time specified in said
petition ; also to enquire relative to said Caldwell and Lewiss
becoming bankrupt, and to enquire relative to every matter
and thing alleged and referred to in said petition that are
equitable considerations why said Phelps should be relieved
[302] from said judgment : only said Phelps' liableness in ||
law on the original receiving of said money, which being
already determined at law said committee are not to go into ;
and report make of what they shall find with their opinion
thereon to the General Assembly to be held at Hartford on
the second Thursday of May next.
Upon the petition of John Braddick of New London, pre-
ferred to this Assembly in October, 1772, praying for an act
of insolvency &c., as per petition dated September 16th, 1772,
on file may appear ; on which petition William Coit, George
Buttolph Hurlbutt and Thomas Shaw, of New Loudon, by this
Assembly at their session at New Haven in October last were
230 PUBLIC RECORDS [January,
appointed a committee, to hear, examine and report &c., who
have reported as on file ; and that in their opinion the peti-
tioner on his assigning over his estate and effects to trustees
for the benefit of his creditors, except his household fur
niture, be liberated from arrests &c., and that his future
estate be liable &c. ; which report is hereby accepted and
approved : And it is thereupon resolved hy this Assem-
bly, that William Coit, George Buttolph Hurlburt and Thomas
Shaw of New London be and they are hereby appointed trus-
tees of the estate of said Braddick for the use of his creditors ;
and that said trustees be and they are liereby vested with all
the powers and authorities which trustees appointed by a late
law of this Colony, entituled An act for preventing fraud in
debtors and for securing the effects of insolvent debtors for
the use of their creditors and for the equitable division of the
estate and effects of such debtors to and among their cred-
itors, were vested with ; and that upon said Braddick's assign-
ing to said trustees all his estate and effects and credits, real
and personal, which he has or is intituled unto in law or
equity, except his household furniture, for the use and benefit
of all his creditors, he shall and is hereby declared to be en-
tituled to all the benefits, privileges and exemptions from
arrest or imprisonment for any debts by him oweing to the
petitionees which insolvent debtors conforming to said act
were by law entituled unto ; and that his future estate shall
be liable to the payment of his said debts ; and that a certi-
ficate of such assignment being made under the hands of
said trustees shall be sufficient warrant to any officer to re-
lease the petitioner from any arrest or imprisonment for any
debts from him due and oweing.
Upon the petition of Jacob Benton of Harwington, repre^
senting that by reason of losses and misfortunes he has become
unable to pay all his just debts ; praying for an act of insol-
vency &c., as per petition on file : Resolved by this Assembly,
that John Strong and Abijah Catlin, Esq'% and Mr. Josiah
Phelps, be and they are hereby appointed a committee to
enquire all the facts mentioned and referred to in said peti-
tion, and their report with their opinion thereon to make to
this Assembly at their sessions in May next ; and the person
and estate of the said Benton is hereby freed and protected
from any arrest or imprisonment, either on mesne process or
execution, for any debt or duty now due and oweing to any
of his creditors who are parties to said petition, until the
rising of this Assembly in May next.
Upon the petition of John Royce jun'' of Wallingford, a
1774.] OF CONNECTICUT, 231
committee being appointed by the Assembly have made a
report in his favour, which is accepted : Whereupon it is
resolved by this Assembly, that Aaron Bellamy and Thadeus
Cook, both of Wallingford in New Haven county, be and
they are hereby appointed trustees, with full power to receive
a conveyance of all the estate, real and personal, in posses-
sion, reversion or remainder, of the said Royce, and to distri-
[308] bute the same among the || creditors of said John, who
shall be sworn to a faithful discharge of the trust reposed
in them, and upon said Royce's conveying and delivering up
to said trustees all his estate, real and personal, as aforesaid,
for the equal benefit of his creditors in proportion to their
demands, excepting only wearing apparrel, bedding and
household furniture necessary for upholding his life and that
of his family, the body of him, said Royce, shall be and the
same is hereby freed, liberated and protected from any arrest
or imprisonment, either on mesne process or execution, for
any debt or duty from him due and oweing at the date of said
petition to any of his creditors mentioned in said petition.
Upon the petition of David Clarkson, of the city and
Province of New York, representing that Jonathan Brown,
late of Rye in the county of West Chester, deceas'd, in his
life time was indebted to him in a large sum of money,
and that said Brown for the satisfaction thereof, viz. on the
fourth day of April, 1768, assigned over to him two certain
notes of hand for X113 12 6, New York money, each, against
Ebenezer Tuttle, of Wallingford in the county of New Haven :
one payable 28th day of April, 1769, the other payable 28th
of April, 1771, both on interest, and in collateral security
thereof did at the same time assign over to said Clarkson a
deed of said Tuttle's farm, who made the said Tuttle ac-
quainted with said assignment, and also that previous to
this said farm was fraudulently conveyed to Zebadiah Brown,
and tliat said Zebediah to induce said Tuttle to give him new
notes for said farm did procure said Jonathan's discharges on
said two notes, and said Tuttle gave him thereupon four notes
in lieu thereof of the like sums each, whereby the said Clark-
son lost the benefit of said two notes, and said Jonathan was
deceas'd insolvent ; praying relief &c., as per petition on file ;
in which case a committee has been appointed, who have
made and returned their report, which has by said Assembly
been accepted : Whereupon it is resolved by said Assembly,
that said Tuttle pay the said Clarkson said two notes with
interest amounting to £315 17 5, York money, together with
the costs, and that execution issue accordingly ; and that the
232 PUBLIC RECORDS [January,
same debt and cost discliarge so much of said notes to said
Zebadiali ; and that saidTuttle shall keep in his own hands a
sufficient sum out of his notes to said Zebadiah Brown to |)ay
the cost he hath been put to in defending in this petition and
also in a suit depending in law on said note in New Haven
county court. Cost £20 14 0, L. money. Ex. granted June
2d, 1774.
Upon the memorial of John Hawkins Crawford, a prisoner
in the common goal in Hartford under conviction for the
crime of burglary, shewing that he is sick and in a declin-
ing and dangerous state, and praying for proper accommoda-
tions and relief under his present circumstances etc., as per
memorial on file : Resolved by this Assembly, that the sheriff
of Hartford county provide the said prisoner such accommo-
dations and help for the reestablishment of his health within
said prison as he with and by the advice of his physicians
shall find necessary. And in case the said prisoner cannot be
properly accommodated and relieved within said prison, the
sheriff of said county is hereby authorized and directed, by
and with the advice of the county court of said Hartford
county, to remove the said prisoner to some convenient and
suitable place within the liberty of said prison, and there take
care of and provide for said prisoner until his health is so
far established that he may be safely returned into said
prison, and then to reconfine him in said prison until he shall
be delivered by due course of law.
Upon the memorial of the selectmen of the town of
Weathersfield, representing the state of the ferry over Con-
necticut River at the head of High Street in said Weathers-
field, lately tended by one Abraham Butler, and praying that
the said select[men] and their successors may have for the
[304] future the direction and || superintendency tliereof, as
per memorial on file : Resolved by this Assembly, that the
direction, superintendency and management of said ferry, as
also the appointing the ferryman, shall be in the power of
the selectmen of the said town of Weathersfield for the time
being ; subject to such regulations respecting the fare and
attendance as are by law already provided. This act to con-
tinue in force during the pleasure of this Assembly.
Upon the memorial of Tliomas Thomas of New Haven,
administrator on the estate of Charles Thomas late of New
Haven, deceas'd, representing that the debts and charges due
from the estate of said deceas'd surmount the moveable part
of said estate the sum of £14 15 91, lawful money ; praying
for liberty to sell so much of the real estate of said deceas'd
1774.] OF CONNECTICUT. 233
as shall be sufficient to pay said sum &c., as per memorial on
file : Resolved by this Assembly, that the memorialist have
. liberty, and liberty and authority is hereby granted unto him,
to sell so much of the real estate of said deceas'd as shall be
sufficient to pay said sum of X14 15 9i- together with the
incident charge of such sale ; taking the direction of tlie court
of probate for the district of New Haven therein.
Upon the memorial of Eleazer Fitch, Hezekiah Manning,
Benjamin Lathrop and Eleazer Gary, of Windham, shewing
to this Assembly that they are indebted to the Colony in
about c£300 0, which is now due ; praying for further day
of payment, as per petition on file : Resolved by this Assem-
bly, that the Treasurer of the Colony be and he is hereby
directed to forbear putting said security in suit until the
first of July next.
Upon the memorial of the selectmen of Sharon, shewing to
this Assembly that one John Moony, a foreigner, who had
been a soldier in the late war &c., in June, 1772, came into
said town, and in October following was taken sick and has
been a considerable expence on said town ; praying the same
may be allowed &c., as per memorial on file : Resolved by this
Assembly, that the accounts of keeping and supporting the
said poor person, amounting to <£21 16 8, be allowed and paid
out of the treasury of the Colony ; and the Treasurer is directed
to pay the same accordingly.
Upon the memorial of William Bebee and Joseph Arnold
of East Hadam, praying that a fishery they have long im-
proved in Moodus Cove, so called, may be confirmed unto
them, and that the fishery in said cove and river above and
at and near the mouth thereof on the great river may be reg-
ulated (fee, as per memorial preferred to this Assembly in May
last may appear ; on which memorial a committee was ap-
pointed and have reported, as on file may appear ; which re-
port is accepted and approved : And it is thereupon resolved
by this Assembly, that no person shall draw any seine or use
any other implement for taking fish in Connecticut River
within forty rods southerly of the mouth of said cove, nor
within said cove in less than forty-eight rods of the mouth
thereof. And the proprietors of the land on the east side of
said cove have liberty to fish on their own lands lying more
than forty-eight rods from the mouth of said cove, on Mon-
day of each week on the tide of flood only. And the memo-
rialists and their heirs shall and they have hereby liberty
gi'anted to them, to carry on the fishery in said cove, at a
place called Beebe's and Arnold's fishing place, from Monday
30
234 PUBLIC RECORDS [January,
morning to Wednesday noon in eacli week, and at no other
time. And that Caleb Cliapman, Caleb Chapman jun"", Tim-
othy Chapman and Charles Williams, and those who do or
shall own lands adjoining to said fishery, have liberty to carry
[305] on the fishery there from Wednesday || noon to Satur-
day morning in each week, and at no other time. And that
the proprietors of Eleazer Brainerd's, Jedediah Brainerd's,
Reuben Shaylor's fishing places, and the proprietors of the
fishery at Dibble's Creek have liberty to fish at their respec-
tive fishing places from Monday morning to Friday morning
in each week. And that the proprietors of the lands above
said last mentioned fishing places have, and they hereby have,
liberty granted to fish on their own lands at discretion. And
it is further resolved, that the fishery at Bebee's and Arnold's
fishing place on the great river a little to the northward of
the mouth of said cove, the memorialists and their heirs have
liberty to carry on the fishery there from Thursday night to
Saturday night in each week ; and that the owners of the land
have liberty to carry on the fishery there from Monday morn-
ing to Thursday night in each week. And 'tis further re-
solved, that no person shall draw any seine or carry on the
fishery in said cove or at the places before mentioned in any
other manner or at any other time than is Jiereinbefore pro-
vided.
Upon the memorial of Henry Allyn, Esq^, and others, pro-
prietors of the three-mile lots on the east side of the great
river in East Windsor, preferred to this Assembly in May
last, praying for a committee &c., upon which a committee
was then appointed &c., to make report &c. in October last
&c., and the said committee having begun but not yet finished
the business of their said appointment &c. : Resolved by this
Assembly, that Major Erastus Wolcott, Capt. Nathaniel
Loomiss and Lieutenant Return Strong be and they are here-
by reappointed a committee upon said memorial, with the
same powers and instructions as were given to them in May
last.
Upon the memorial of Samuel Mansfield and others, living
within the limits of the first society of New Haven, repre-
senting that they had agreed to celebrate publick worship
among themselves and had erected a meeting-house and set-
tled a gospel minister; praying for society privileges &c. :
Resolved by this Assembly, that Samuel Mansfield, John
Potter, Samuel Cook, Abraham Thomson, Ebenezer Town-
shend, John Storer, Theophilus Munson, William Greenongh,
Abraham Augur, James Gilbert, Joel Gilbert, Jacob Thorn-
1774.] OP CONNECTICUT. 235
son, John Storer jun'', Aslibel Stilman, Timothy Mix junr,
Timothy Ford, Jabez Brown, Stephen Ingram, Levi Ives,
Joseph Peck jun"-, Hezekiah Augur, Noah Potter, Philemon
Potter, Timothy Potter, Job Potter, Joel Ford, Samuel Wad-
kins, Lemuel Hotchkiss, G-riffen Bradley and Timothy Tur-
ner, all living within the limits of the first society in New
Haven, who have for some time past and do now adhere to
and attend upon the ministry of the E,ev<i Mr. Allyn Mather
and the public worship in the new meeting-house in said New
Haven, shall be and they are hereby made, erected and con-
stituted an ecclesiastical society, with all such powers, author
ities and privileges, as other ecclesiastical societies in this
government are vested with, and shall be called and known
and distinguished by the name of Fair Haven ; and the said
new meeting-house is hereby established to be the house for
public worship in said society. And all persons who shall
come from other places to settle in the limits of the first
society shall have liberty to join to the first society. White
Haven society, or the society of Fair Haven now erected, as
they shall please and at their election ; and in case of non-
election in six months, they shall belong one to the first
society, and the next to White Haven, and the third to said
new society, and so alternately according as they successive-
ly come and settle as aforesaid, without electing as afore-
said ; and any person who has heretofore adhered to either of
the aforesaid societies shall have liberty, at any time before
the first day of May next, to make his election, whether he
will for the future belong to said new society, which election
shall be ascertained by their causing their names to be entered
with the clerk of the town of New Haven ; and that all such
as shall hereafter arrive to the age of twenty-one years
within the limits of said first society may elect, within
twelve months after coming to age, which society they will
belong to, otherwise to continue where brought up or where
they belonged before.
[306] Whereas Erastus Wolcott, Esq'', Messrs. Richard
Smith and others, preferred a memorial to this Assembly in
May, A. Dom. 1771, praying for a new highway, to begin
near the dwelling-house of Seth Smith in New Hartford,
from thence northwestward through part of New Hartford
and Barkhemsted to the iron-works, to meet with the road at
the house of Joseph Rockwell in Oolebrook, upon which a
committee has been appointed, who have viewed and reported
thereon, as per report on file &c., and the said towns of New
Hartford and Barkhemsted having remonstrated and objected
236 PUBLIC RECORDS [January,
against the acceptance of said report or the establishment of
the road mentioned therein, as per remonstrance on file &c.,
and said report being continued to the session of this Assem-
bly in May next, etc.: Resolved by this AssemWy, that James
Wadsworth jnn'',Esq'', Messrs. Andrew Ward and Miles Mur-
"win be and they are hereby appointed a committee again to
view and consider whether said road prayed for will be of
publick conveniency and utility or not, taking into considera-
tion the old road already laid out through said New Hartford
and part of Winchester to said iron-works and to said Rock-
well's, and make report thereof with their opinion thereon to
the General Assembly in May next : all at the proper cost
and expence of said remonstrants.
Upon the report of a committee appointed to examine into
the accounts relating to the light-house in New London, i-ep-
resenting that there is due to Jeremiah Miller, Esq% the
sum of £85 7 6, lawful money, for supplies to said light-
house, and also that there is due to Mr. Nathaniel Shaw the
sum of ^19 12 5, lawful money, for supplies to said house,
and advising that said sums be paid and satisfied out of the
duties on rum in the hands of said Jeremiah Miller, Esq"", as
naval officer : Resolved by this Assembly, that the said Jere-
miah Miller, Esq'', be and he is hereby directed and impow-
ered to pay and satisfy said sum of X19 12 5 to Nathaniel
Shaw out of said duties, and also to charge the balance of
duties in his hands with said balance of .£85 7 6, due to him
for supplies to said light-house.
Upon the memorial of William Burrell, of Newtown in tlie
county of Fairfield, administrator on the goods and estate of
John Burrell late of said Newtown, deceas'd, shewing the
debts and charges against the estate of said deceas'd sur-
mount the moveable estate the sum of <£9 11 9 ; praying
liberty to sell land &c., as per memorial on file : Resolved by
this Assembly, that the memorialist have liberty and he is
hereby impowered, to make sale of so much of the real estate
of said deceas'd as amounts to said sum of £9 11 9, lawful
money, with the incident charges of such sale ; taking the
advice of the court of probate for the district of Danbury
therein.
Upon the memorial of Eleazer Mighill, conservator of the
person and estate of Mary Birch, shewing to this Assembly
that said Mary is unable to take care of and provide for her-
self, and is indebted for her support the sum of thirty
pounds, lawful money, for the payment of which there is no
personal estate of said Mary, and that she hath real estate
1774.] OF CONNECTICUT. 237
sufficient for said purpose ; praying this Assembly to ap-
point and impo^yer the memorialist, or some other meet
person, to make sale of so much of the real estate of said
Mary as shall be sufficient to raise said sura, as per said
memorial on file : Resolved by this Assembly, that the me-
morialist have liberty, and liberty and authority is hereby
given to him, to make sale of so much of the real estate of
said Mary as shall be sufficient to raise said sum of £30
and the incident charges of said sale, and render his account
thereof to the county court of the county of Windham.
On the memorial of Jonathan Dimon of Fairfield, admin
istrator on the estate of Joseph Rowland late of said Fair-
field, deceas'd, shewing to this Assembly that the debts and
[3o7J charges allowed by the court of probate for the || dis-
trict of Fairfield against the estate of said deceas'd surmount
his inventoried moveable estate the sum of <£y5 5 11 2, law-
ful money ; praying for liberty and authority to sell land
&c.,as per memorial on file: Resolved by this Assembly,
that the memorialist be and he is hereby impowered to sell
so much of the real estate of the deceas'd Joseph Rowland as
shall be sufficient to raise and pay said sum of £85 5 11,
lawful money, together with the incident charges arising on
such sale ; taking the direction of the court of probate for
tiie district of Fairfield therein.
Upon the memorial of Dimmis Phelps, administratrix on
the estate of David Phelps late of Hebron in Hartford
county, deceas'd, shewing to this Assembly that the debts
due from said estate surmount the inventoried moveable
estate of said deceas'd <£159 13 3f , and that she has nothing
in her hands to pay the same ; praying that some meet per-
son may be appointed and impowered to sell so much of the
real estate of said deceas'd as shall raise said sum of X159
13 3|, together with incident charges, as per memorial on
file : Resolved by this Assembly, that Capt. Asa Foot of
Colchester be appointed, and he is hereby appointed and im-
powered, to make sale of so much of the real estate of said
deceas'd as shall raise said sum of <£159 1^^ 3f, together
with incident charges ; taking the direction of the judge of
probate for the district of East Haddam therein ; and account
with said administratrix therefor.
Upon the memorial of Martha Kilby, of London in Great
Britain, sole executrix of the last will and testament of
Christopher Kilby late of said London, Esq% deceas'd, and
Henry Leddel, of Boston in the Province of the Massachu-
sets Bay, only surviving executor of the last will and testa-
238 PUBLIC RECOEDS [January,
ment of Benjamin Parker late of said Boston, merchant,
deceas'd, shewing that the estate of said Parker hath been
duly represented and found to be insolvent, and that said
Christopher Kilby in his life time by a certain deed from the
creditors of Kilby, Barnerd and Parker, merchants in com-
pany, was invested with all the goods, moneys, estate and
effects of said Kilby, Barnerd and Parker, in trust to be sold
for the benefit of their said creditors, and that by the decease
of the said Christopher the execution of said trust is devolved
on said Martha, his executrix as aforesaid, the interest of
said Barnerd in said company estates and effects having been
convey'd to said Christopher in his life time; also that said
Kilby, Parker and Barnard held sundry parcels of land and
real estate in Norwich in said Colony, which passed by said
deed to said Kilby in part and partly belonged to the estate
of said Parker, which ought to be sold for the benefit of their
creditors ; praying that said Leddel and John Philips, Esq'',
of London aforesaid, attorney to said Martha, might be im-
powered to sell said land and real estate &c., as per memorial
on file, dated January l:-^th, 1774 : Resolved by this Assem-
bly, that the said Henry Leddel and John Philips, Esq-",
attorney to said Martha, be and they are hereby authorized
and enabled to make sale of all the real estate that did belong
t© said Kilby, Parker and Barnard in said town of Norwich,
and to give a deed or deeds of the same to the purchaser or
purchasers of the same, which deed or deeds shall be good
and effectual in law to such purchaser or purchasers for the
good and sure holding of said lands and real estate to them,
their heirs and assigns.
On the memorial of John Smith, of Hadam in the county
of Hartford, executor to the last will and testament of
Joseph Clark late of said Haddam, deceas'd, shewing to this
Assembly that since he had liberty to sell land, to pay the
debts due from said estate and then known, a further account
of debts have been exhibited against said estate and allowed
by the court of probate for the district of Midletown, amount-
ing to the sum X19 12 0, and thereupon praying for liberty
to sell lands &c. : Resolved by this Assembly, that [the] me-
morialist have liberty, and liberty and authority is hereby
granted him, to sell so much of the real estate of the said
deceas'd as will procure the aforesaid sum of X19 12 0, to-
gether with the incident charges arising on such sale ; tak-
ing the direction of the court of probate in the district of
]\Iidletown therein ; and to pass deed or deeds accordingly.
[308] Upon the memorial of Abner Chandler, of Corn-
1774.] OF CONNECTICUT. 239
wall ill Litchfield county, shewinp; to this Assembl)' that lie
is administrator on the estate of William Tanner late of said
Cornwall, deceas'd, who in his life time was one of the man-
agers of Housatonok River lottery, and that said Tanner had
sold a number of tickets which proved to be prizes ; that he
had not received the pay for the whole of said tickets nor
redeemed said prizes, and that the estate of said Tanner nor
the affairs of said lottery would, neither of them, pos-
sibly be settled witliout a settlement with the possessors of
said prize tickets was first made, and that in order thereto
the said Chandler had by the advice of the Assembly's com-
mittee redeemed with his own moneys a great number of said
prize tickets and delivered the same to the Assembly's com-
mittee for the use of the Colony, and that there was a bal-
ance now due to him on the premises of between thirty and
forty pounds ; praying that he might be allowed the same
witli the interest tliereof , as per memorial on file : Resolved
by this Assembly, that Daniel Sherman and Benjamin Stiles,
Esqfs, do and they are hereby ordered to pay unto the said
Abner Chandler the balance of his said account with the
lawful interest thereof from the first day of March, 1770,
out of the moneys of the Colony in their hands : first de-
ducting therefrom what the said Chandler has lately received
of tlie said Stiles on that account, as per his receipt of the
same ; and in case there is not a sufficiency of Colony monies
in tlieir hands for the purpose aforesaid, the Treasurer of
said Colony is hereby ordered to pay the same or such part
thereof as shall remain unpaid by said Sherman and Stiles to
him, the said Chandler, out of the Colony treasury.
Upon the memorial of John Wilcox, conservator of the
person and estate of Elnathan Wilcocks of Killingworth,
shewing to this Assembly that the debts due from the estate
of said Elnathan surmount his personal estate of said Elna-
than the sum of X24 16 6 ; praying for liberty to sell lands
&c., as per memorial on file : Resolved by this Assembly,
that the memorialist be and he is hereby impowered, to sell
so much of the real estate of said Elnathan as will be suf-
ficient to raise the sum of ,£24 16 6 and incident charges of
sale, and account with the county court for the county of New
London for the avails thereof.
Upon the memorial of Daniel Keeler, administrator on the
estate of Stephen Keeler late of Ridgefield, deceas'd, shew-
ing to this Assembly that the debts due from said estate sur-
mount the personal estate the sum of £21 16 6 ; praying for
liberty to sell land &c., as per memorial on file : Resolved by
240 PUBLIC EECORDS [January,
this Assembly, that the memorialist be and he is hereby au-
thorized and impowered, to sell so much of tlie real estate of
said Stephen Keeler, deceas'd, as will raise said sura of X21
16 6 and incident charges of sale; taking the direction of the
court of probate for the district of Danbury therein.
Upon the memorial of Sarah Green, administratrix on the
estate of Edward Green, late of Milford, deceas'd, represent-
ing unto this Assembly that the debts and charges due from
the estate of said deceas'd surmount the moveable part of
said estate the sum of ,£16 3 4, lawful money; praying for
liberty to sell so much of the real estate of said deceas'd as
shall be sufficient to pay said sum, as per memorial on file
appears : Resolved by this Assembly, that the memorialist
have libert}^, and liberty and authority is hereby granted
unto her, to sell so much of the real estate of said deceas'd
as shall be sufficient to pay said sum of ,£16 3 4, lawful
money, together with the incident charge of such sale ; tak-
ing the dii'ection of the court of probate for the district of
New Haven therein.
[309] Upon the memorial of Amos Camp, one of the ad-
ministrators on the estate of Gideon Camp late of Milford,
deceas'd, representing that the debts and charges due from
the estate of said deceas'd surmount the moveable part of
said estate the sum of X74 16 0, lawful money; praying for
liberty to sell so much of the real estate of said deceas'd as
shall be sufficient to pay said sum together with the incident
charges of such sale, taking the direction of the court of
probate for the district of New Haven therein, as per memo-
rial on file may appear: Resolved by this Assembly, that the
memorialist have liberty, and liberty and authority is hereby
granted unto him, to sell so much of the real estate of said
deceased as shall be sufficient to pay said sum of £74 16 0,
lawful money, together with the incident charge of such sale ;
taking the direction of the court of probate for the district
of New Haven therein.
Upon the memorial of Peter Betts of Norwalk, shewing to
this Assembly that he was collector of the Colony rates for
said town for several years ; that many persons by insolvency,
removing out of this Colony <fec., became unable to pay their
rates; that it was impossible for him to collect &c. ; praying
for an abatement &c. ; on which memorial a committee was
appointed to examine and report, who having reported to this
Assembly and find the sum of £49 17 3, which in their opin-
ion ought to be abated, which report so far as regards said
sum is accepted and approved, as per memorial and report
1774.] OF CONNECTICUT. 241
on file: Whereupon it is resolved, that said sum of £49 17
S be and is hereby abated to said Betts ; and the Treasurer
of the Colony is hereby directed to credit that sum of the
balance of rates due from the town of Norwalk in the year
1763.
Upon the petition of Solomon Bill, of Midletown in Hart-
ford county, shewing to this Assembly that before the
adjourned superior court holden at Hartford in December
last he was convicted of uttering and passing base, false and
counterfeit money, and was accordingly by said superior
court sentenced to be Avhipped twenty stripes on his naked
body, to have his right ear cropt off, and to be branded with
the letter C on an hot iron on his forehead &c. ; praying to
have that part of the punishment, (to wit) cropping and
branding, remitted and taken off &c. : Resolved by this
Assembly, that the prayer of said petition be granted, and
that said Bill be relieved from that part of said sentence, (to
wit) cropping and branding, which is hereby remitted and
decreed to be void ; and the sheriff of said county is hereby
directed to release and set at liberty the said Bill after he
hath complied with and suffered execution of all the other
parts of said sentence except cropping of the ear and brand-
ing in the forehead accordingly.
Upon the memorial of Silas Smith, of Norwich in the
county of New London, shewing to this Assembly that his
father, Joseph Smith late of said Norwich, deceas'd, did on
the 25th day of March, 1773, for a valuable consideration
sell to him, the said Silas, a small piece of land in said Nor-
wich, near the then dwelling-house of said Joseph, and
then made and executed to said Silas a deed thereof, bear-
ing date the 25th day of March, 1773, but was afterwards by
sudden sickness and death prevented from acknowledging
the same before civil authority as the law requires ; prayiug
this Assembly to confirm the title of said land to him, the
said Silas, as per memorial on file : Resolved by this Assem-
bly, that said Silas hath liberty to cause said deed together
with this act to be recorded in the records of said town of
Norwich ; which being done, the same or a copy of such
record duly attested shall be admitted as evidence of a title
to said land in said Silas Smith, his heirs and assigns, in any
court of law or equity where the same may be drawn into
question, in the same manner to all intents and purposes as
if said deed had been duly acknowledged by said Joseph
Smith in his life time.
31
242 PUBLIC RECORDS [January,
[310] Upon the memorial of Andrew Ward jun"" of Guil-
ford, shewing to this Assembly that he was collector of the
Colony rate for said town in the year 1761, and that he
exhibited to the then Treasurer a bill of abatement amoun-
ting to £7 17 5, wdiich was I'eceived and credited ; that said
Treasurer mislaid or lost said bill of abatement, so that the
auditors could not allow said sura, not having said bill of abate-
ment to inspect, and thereupon said balance of £1 17 5 was
transferred to the present Treasurer as due from said town ;
praying the same maybe abated, as per memorial on file:
Resolved by this Assembly, that the memorialist be credited
by the present Treasurer the said sum of <£ 7 17 5 on said
rate, as though the same had been originally allowed by the
auditors.
Upon the memorial of the selectmen of the town of
Mansfield and Richard Fletcher conservator to the person
and estate of Gershom Royce of said Mansfield, shewing to
this Assembly that said Royce and wife have sometime since
fallen into distraction and become non compos mentis and
unable to provide for themselves ; that the said selectmen
appointed an overseer to take care of said Royce and family,
and that said overseer expended out of his own estate the
sum of £18 12 3, lawful money, in taking care of and pro-
viding for said Royce &c., which account was liquidated and
supposed to be reasonable by said selectmen, and that the
county court in the county of Windham upon application to
them made by said selectmen, at their session in February
last, appointed the said Fletcher a conservator as aforesaid,
and that the said Fletcher has expended the sum of £38 11,
lawful money, in executing the business of his said trust, which
sum has been audited and allowed by said county court ;
that the whole of said Royce's estate consists in a small farm
of land lying in said Mansfield ; praying this Assembly to
appoint some meet person to make sale of so much of said land
as shall be sufficient to raise the aforesaid sums of <£18 12 3
and £38 11, with incident charges of sale, as per memorial
on file : Resolved by this Assembly, that De" Constant
Southworth shall have liberty, and liberty and authority is
hereby granted to the said Southworth, to make sale of so
much of the lands or real estate of said Royce as shall be
sufficient to raise said sums of £18 12 3 and £38 11, with
charges &c., and to make and execute a good and authentick
deed or deeds to the purchaser or purchasers ; taking the
direction of the court of probate for the district of Windham
therein.
1774.] OF CONNECTICUT. 243
Upon the memorial of the town of Norwich, shewing to
this Assembly that the burthen of repairing highways accord-
ing to the directions of the law as it now stands falls very
unequally upon the inhabitants of said town ; praying for
liberty and authority to tax the polls and rateable estate of
the inhabitants of said town, to raise money to repair the
highways in said town during the pleasure of this Assembly,
as per memorial on file : Resolved by this Assembly, that
said town of Norwich have liberty, and authority is hereby
granted to the inhabitants of said town of Norwich, to tax
the polls and rateable [estate] of said inhabitants to raise
such sums of money as said town shall from time to time
judge sufficient to repair all public highways in said town;
which taxes shall be collected by the several surveyors of the
several districts for repairing highways in said town, and be
by such surveyors laid out and improved for repairing the
liighways in each district in which the same was raised and
collected ; and any Assistant or justice of peace is ^ hereby
authorized to issue forth warrants to such surveyors to levy
and collect such taxes arising in manner aforesaid within
their respective districts, in the same manner and form
[311] as II town taxes are collected; and every such surveyor
shall render a true account of such money by him so collected
to the selectmen of said town in a reasonable time when
thereto required after the same becomes payable to said
collectors ; and all surplus of such money as shall remain in
the hands of such surveyors or any of them after said high-
ways are sufficiently repaired shall be paid into the hands of
the selectmen for the time being, and by them and their
successors paid out to the next succeeding surveyors of such
districts respectively whence the same was collected, and be
by them laid out for repairing the highways in the same dis-
trict whence collected as aforesaid. And it is further re-
solved, that this liberty and authority shall be and remain
to said town of Norwich for the space of three years from
and next after the first day of January 1774, and no longer.
And in case the town of Norwich should neglect to practice
thereon, then the same shall not be construed as to said town
to alter or in any way effect the laws of this Colony respect-
ing the repairs of highways as the same now stand. And it
is further resolved by this Assembly, that if the monies so
raised as aforesaid in any district in said town should be
found insufficient to defray the expence of repairing the
liighways in such district, then and in that case said high-
ways shall be further and sufficiently repaired by force and
241 PUBLIC RECORDS \_JanviQ.ry,
directions of the laws of this Coloin^ ; anything in this act
notwithstandino-. Provided nevertheless, that such rate or
tax shall not be levied on the estate of any person or persons
not belonging to and residing in said town of Norwich.
Upon the memorial of John Shipman, of Saybrook in the
county of New London, shewing to this Assembly that for
want of grist-mills that Avill grind in the dry seasons of the
year the inhabitants of said town and the towns adjacent
have been distressed and put to great expence to procure
their grain flowered, and that he has hit on a plan to build a
tide grist-mill of a new and peculiar construction, in said
Saybrook, to be moved by salt water, that may be of publick
utility ; praying for the exclusive privilege of erecting and
improving a tide grist-mill in said town of Saybrook &c.,
as per memorial on file : Resolved by this Assembly, that the
memorialist, his heirs and assigns, have the full and exclu-
sive privilege, and such privilege is hereby granted, of con-
structing, erecting and improving a tide grist-mill on the
plan and construction proposed, for the term of forty years,
at all places within said town of Saybrook and within ten
miles westward of Connecticut River : provided the memo-
rialist, his heirs &c., do erect such mill within the term of
five years next ensuing and constantly keep up the same, fit
for use and improvement, so as to be beneficial to the pub-
lick. And all persons are hereby prohibited from erecting or
improving any tide grist-mill for the term aforesaid within
the limits aforesaid, without the liberty of the memorialist,
his heirs (tc, on the penalty of fifty pounds, lawful money,
to be recovered by action to the use of the memorialist, his
heirs, &c.
Upon the memorial of Allen Curtiss and John Sprague,
both of Canaan in Litchfield county, shewing to this Assem-
bly that they became bound by bond dated the 20th day of
April, 1765, in the penal sum of one hundred pounds, to one
Thomas Pardee of Sharon, conditioned that one Jacob Swain,
then a minor, should execute and deliver to said Pardee a
good warrantee deed of fifteen acres and one half of land
lying in said Sharon with the appurtenances in the month of
September, 1770; that said Jacob had been fully paid for
said land, and before he arrived of age absconded and can-
not be found, and that the memorialists have been sued upon
said bond, which action is now depending in Litchfield county
court, and that said Pardee is willing to accept of said land ;
praying to be enabled to convey said land to said Pardee ;
on which memorial a committee have been appointed and
17T4.] OF CONNECTICUT. 2l5
made their report, in which they find the above facts to be
true, as per memorial and report on file: Resolved by tliis
Assembly, that the memorialists be and they hereby are
authorized and impowered to make, execute and deliver unto
the said Pardee, a good and legal deed of the abovesaid
[312] land || with the appurtenances, which when recorded
and legally authenticated shall be effectual in law to vest the
title of said land in the said Pardee ; and that upon the
memorialists executing and delivering said deed to said Par-
dee and paying the reasonable cost that has arisen in said
action brought on said bond, to be allowed and taxed by
said Litchfield county court, they shall thereupon be dis-
cliarged from said bond.
Upon the memorial of Nathaniel Gillett and others, living
upon a tract of land north of tlie north line of Symsbury,
called the Wedge, within the county of Hartford, she wing-
that said tract of land and the inhabitants living thereon are
not incorporated or included within any town or ecclesiastical
society whatever, and are destitute of town or society privi-
leges &c. ; praying to be incorporated with the town of Syms-
bury, and also to be annexed to the society of Salmon Brook
&c., as per memorial &c. : Resolved by this Assembly, that
the whole of said tract of land called the Wedge, and the in-
habitants, be, and the same are hereby, incorporated and
included within the township of Symsbury, and also that the
said tract of land and the inhabitants with their families be
and they are hereby annexed to said society of Salmon Brook,
and that they shall be entituled to all such town and society
privileges as other towns by law have and do enjoy.
Upon the memorial of James Steadman, of Windham in
the county of Windham, administrator on the estate of
Thomas Stedman late of said Windham, deceas'd, shewing to
this Assembly that the debts due from said estate %'nd
charges arising thereon, together with the necessary allow-
ances made to the widow of said deceas'd by the court of pro-
bate for the district of Windham, surmount the inventoried
personal estate of said deceas'd the sum of £264 lox. 4d.;
praying for liberty to sell so much of the real estate of said
deceas'd as shall raise a sum sufficient to pay the same with
incident charges arising thereon &c., as per memorial on
file : Resolved by this Assembly, that the memorialist shall
have liberty, and liberty and authority is hereby granted to
him, to sell so much of the real estate of said deceas'd as
shall raise a sum sufficient to pay the said =£264 15 4, lawful
money, and the incident charges arising on such sale ; taking
246 PUBLIC RECORDS [January,
the advice and direction of the court of probate for the dis-
trict of Windham therein.
Upon the memorial of Zacheus Waldo, Zebulon Hibbard,
Benjamin Cleaveland, Joseph Allen, Lemuel Bingham, Ebe-
nezer Webb, John Palmer, John Walden, Israel Hale,
Stephen Webb, William Perkins, Joseph Allen jun"", Jona-
than Brewster, Ebenezer Bass, John Silsberry, Timothy Allen,
Samuel Baker jun', Jedediah Bingham, Zebulon Hibbard jun'',
Henry Bass and Moses Cleaveland, inhabitants of the third
society of Windham, shewing that they, the memorialists, and
their families have for a long time attended on the ministry of
Mr. John Palmer of said Windham, and do conscientiously
dissent from the ministry established in said society, and
that said society have assessed the memorialists for building
a meeting-house and supporting their minister ; praying to
be made a distinct ecclesiastical society and be exempted
from paying said rates &c., as per memorial on file : Resolved
by this Assembly, that, the memorialists and their families
be and they are hereby constituted a distinct ecclesiastical
society, and shall be called and known by the name of Bruns-
wick, and that they, their families and descendants, shall
have and enjoy all the privileges, advantages and exemptions
which other ecclesiastical societies by law are entituled unto,
so long as they attend publick worship and support the min-
istry among themselves, and shall not be taxed to the sup-
port of the ministry or for building meeting-houses by said
third society ; and the taxes already laid by said third society
upon the memorialists for building a meeting-house and sup-
porting the minister wiiich are not collected shall not be col-
lected, but they are hereby discharged therefrom.
[313] Upon the memorial of William Hubbard and Zachary
Johnson, shewing to this Assembly the late ruinous state of
the school-house &c. used for the Indian children at Mohe-
gan, and that repairs for the same by advice &c. had been
advanced to the amount of X4 7 11 ; praying this Assembly
to order and direct the payment &c., with some allowance to
enable the said school-master to carry on said school &c., as
per memorial on file : Resolved by this Assembly, that said
memorialists be paid the sum of X4 7 11 for said repairs &c.,
and also the sum of six pounds for the support of said school-
master in said school ; and that the Treasurer of this Colony
pay the same out of the public treasury accordingly.
Upon the memorial of Isaac Baldwin, of Litchfield in
Litchfield county. Esq', shewing to this Assembly that he is
administrator on the estate of Asa Hopkins late of said
1774.] OP CONNECTICUT. 247
Litchfield, deceas'd, who in his life time was collector of
sundry Colony taxes, which at the time of his death were
unsettled, and that there yet remains a balance due to said
Treasurer on the whole, which by the reason of the great
embarrassments which has and still does attend the settle-
ment of said estate he is not at present able to discharge ;
praying that he might be allowed to give bond to said Treas-
urer &c., as per memorial on file : Resolved by this Assembly,
that the Treasurer be and he is hereby directed to take the
said Baldwin's obligation together with one sufficient surety,
for the balance of all the unsettled rates which were in the
hands of said Asa, payable in one year from the first day
of February next, on interest.
Upon tlie memorial of Daniel Witter of Preston, shewing
to this Assembly that in October last he had a valuable horse
stolen by one Stephen Kimbal and others,; that he expended
large sums in pursuing and convicting said Kimball before
the county court held at Norwich in November last ; that
upon such conviction he, said Kimball, was by said court
fin'd the sum of £10 to the treasury of the Colony ; that
said Kimball has not a farthing of estate, but must satisfy
said debt by service ; praying that said Kimball may be
assigned in service without his first securing the payment of
said fine to the Colony treasury &c., as per memorial on file :
Resolved by this Assembly, that the county court of the
county of New London be and they are hereby enabled and
impowered to assign said Kimball in service for payment
of the sums recovered by the memorialist to the memorialist
and his assigns, without first securing the payment of said
fine to the Colony treasury.
Upon the memorial of Elizabeth Wilford the 2d, of Bran-
ford in New Haven county, administratrix on the estate of
Joseph Wilford late of said Branford, deceas'd, and Ebenezer
Linsley of said Branford, trustee of the goods and estate of
John Willford, a minor, of said Branford, representing to
this Assembly that the said Joseph when in life held sun-
dry parcels of land in undivided moieties with the said John
his son and heir of John Wilford late of said Branford,
deceas'd, and that said Joseph as guardian to said John the
minor by appointment of said John deceas'd by his last will,
by the assistance of William Hoadley and Roger Tyler, for
that purpose appointed by the court of probate for the district
of Guilford, did make pai-tition of said lands so held in com-
mon as aforesaid ; that the said Elizabeth and Ebenezer, find-
ing that said partition is so made as to be very inconvenient
248 PUBLIC RECORDS [Jaiuinrj,
and destructive to the interest of both parties, pray that said
first partition may be disannulled and that a more conyenient
partition lately made at said Branford between the said Eliza-
beth and Ebenezer with the assistance of Edward Russell
may be confirmed and established, as per said memorial on file
appears : Resolved by this Assembly, that the said first men-
tioned partition of said lands so made by said Joseph with the
assistance of Messrs Hoadly and Tyler be and tlie same is
hereby to all constructions and purposes set aside, disannulled
and made void, and the said subsequent partition so made
between said Elizabeth and Ebenezer with the assistance of
Edward Russel is hereby established, ratified and confirmed.
[314] Upon the memorial of Thomas Champion, conser-
vator of the person and estate of Sarah Bushnell of Say-
brook, shewing to this Assembly that the expences of
supporting said Mary [sic] has far exceeded the moveable
estate of said Sarah, and that the real estate cannot be sold
to advantage without selling the whole &c. ; praying for
libei'ty to make sale of the whole of her real estate &c.. as
per memorial on file : Resolved by this Assembly, that the
memoralist be and he is hereby appointed to make sale of the
whole of the real estate of said Sarah, and is fully impow-
ered to give deeds thereof and to account with the county
court for the county of New London for tlie avails thereof.
Upon the memorial of Jose|ih Griswold, administrator on
the estate of Joseph Griswold late of Killingworth, deceas'd,
shewing to this Assembly that the debts due from the estate
of said deceas'd surmount the personal estate the sum of
.£32 18 10 J ; praying liberty to sell lands <fcc., as per memo-
rial on file : Resolved by this Assembly, that the memorialist
have liberty and he is hereby impowered, to sell so much of
the real estate of said deceas'd as will raise said sum of <£32
18 10^ and incident charges of sale ; taking direction of the
court of probate for the district of Guilford therein.
On the petition of Robert Rose, of Groton in the county of
New London, vs. Joseph Rose, of Norwich in said county,
dated September 2oth 1772, as on file, by several continu-
ances lying before this Assembly ; The question was now
put, whether the superior court in rendering the judgment
complained of &c. mistook the law &c. : Resolved by this
Assembly in the negative. Cost alloived respo7ident is £6 1 2.
Ex. granted Jan. 29th, 1774.
On the petition of Titus Brocket jun"" and Ebenezer
Brocket, both of Wallingford in the county of New Haven,
by their guardian Charles Dutton of said Wallingford, they
1774.] OP CONNECTICUT. 249
being minors under the age of twenty-one years, vs. Elislia
Brockett, of said Wallingford in said county, dated May 4th,
1773, as on file, by continuances lying before this Assembly :
The question was now put, whether the pleas offered by the
respondent in abatement of said petition are sufficient to abate
the same : Eesolved by this Assembly in tlie affirmative.
On the petition of Timothy Todd and Abigail his wife,
both of Guilford in the county of New Haven, and Stephen
Crane, of New Milford in Litchfield county, Jonathan Pad-
dock and Mary his wife, both of the south precinct in
Dutchess county and Province of New York, and .Joshua
Barnum and Andrea his wife, both of the south precinct
aforesaid, and Allen Ball and Ann his wife, both of New
Fairfield in Fairfield county, vs. Joseph Jackson, David
Jackson, Ephraim Jackson and Theophilus Hull and Martha
his wife, all of Redding in the county of Fairfield, and Dan
Jackson of said Ridgfield, children and heirs of said deceas'd
Ephraim Jackson, and EInathan Sturgis and Martha his wife,
both of said Ridgfield, dated October 6th 1773, as on file, by
continuance from the General Assembly holden at New
Haven on the second Thursday of October last : The ques-
tion was now put, whether the pleas offered in abatement of
this petition are sufficient to abate the same : Resolved by
this Assembly in the affirmative.
On the petition of Mathew Gilbert, of New Haven in the
county of New Haven, and Ruth his wife, vs. Elisha Booth,
Jonathan Booth and Hannah Booth, all of said New Haven,
dated May 5rh 1778, as on file, by several continuances lying
before this Assembly : The question was now put, whether the
petition of the petitioner is sufficient &c. : Resolved by this
Assembly in the negative.
[325] On the petition of Peter Yandervoort, of the City
and Province of New York, vs. Hugh Thomson, Benjamin
Elsworth and Adonijah Crane, all of East Windsor in the
county of Hartford, dated May 6th 1772, as on file, by several
continuances lying before this Assembly : On consideration
of the report of the committee on said petition &c., the ques-
tion was now put, whether anything should be granted on the
prayer of said petition : Resolved by this Assembly in the
negative. Cost allowed resijondents is £5 9 10. Ux.
granted Jan. 29th 1774.
On the memorial of Nathaniel Drake, Nathaniel Drake jun"",
Silas Drake, Shubael Drake, Simeon Drake and Ephraim
Peirson, all of the town of East Windsor in the county of
Hartford, vs. Aaron Bissell of said East Windsor, one of the
32
250 PUBLIC RECORDS [January,
principal inhabitants of the first society in said East Windsor,
and the rest of the inhabitants of said society, and Daniel
Elsworth jmi'" of said East Windsor, one of the principal
inhabitants of the society of Ellington in said East Wind-
sor, and the rest of the inhabitants of said society, dated
September 28th 1772, upon file, by several continuances
lying before this Assembly : The question was now put,
whether the pleas offered in abatement of this petition are
sufficient to abate the same ; Resolved by this Assembly in
the affirmative.
Thomas Lee, of Farmington in the county of Hartford, and
Isabel his wife preferred their certain petition against James
Taylor and Elizabeth his wife, Joseph Waters and Abigail
his wife, Elisha Seymour jun'' and Rhoda his wife, Seth
Collins and Lucy his wife, Jonathan Sedgwick and Mercy
Sedgwick, all of the town and county of Hartford, and Nancy
Sedgwick, of Canaan in Litchfield county, dated April 30th
1772, as on file, which by several continuances now lies
before this Assembly ; and now the petitioners being pub-
lickly called did not appear to prosecute the same : the
respondents appeared and put in their bill of costs for
attendance &c. to answer said petition, which is allowed by
this Assembly to be the sum of £4: 14 4, L. money, ^x.
granted May 5th, 1774.
Resolved by this Assembly, That all the matters and busi-
ness now lying unfinished before this Assembly shall be and
the same are hereby continued to the session of this Assem-
bly on the second Thursday of May next.
Upon the memorial of Eleazer Ensign, Israel Williams and
others, inhabitants of the town of Hartland, shewing to this
Assembly that in the year 1761 said town was formed into
an ecclesiastical society according to the constitution by law
established in this Colony, and have since built a meeting-
house and settled a minister &c.; that said town is about five
miles north and south and seven miles east and west, and
that the said town is divided by a river running through the
same from north to south near the middle, each side whereof
lyeth a mountain, which renders it difficult for the inhabi-
tants to attend divine service at any one place ; that the pres-
ent meeting-house was erected on the east part of said town
without any view for the accommodation of the inhabitants
living on the west side of said river ; that the number of in-
habitants already settled in that part of said town are so
increased that it is become necessary for them to have a meet-
ing-house built on the west part of said town ; that at present
1774.] OF CONNECTICUT. 251
they are unable to bear the burden thereof, and that a very-
considerable part of the lands lying west of said river is un-
[316] cultivated and belongs to || non-resident proprietors;
and praying this Assembly to lay a tax of six pence on the
acre on all the lands in said town lying west of said river, to
enable them to build a decent house for divine worship, and
to appoint a committee to affix the place for to build said
house upon &c., as per memorial : Resolved by this As-
sembly, that a tax be granted of six pence per acre on all
the lands in said town of Hartland lying west of said river,
to be paid by the proprietors of said land within six months
next after the rising of this Assembly, for the purpose of
building a meeting-house in that part of said town for the
accommodation of the said inhabitants ; and Theodore Wood-
bridge of said Hartland is hereby appointed a collector to col-
lect said rate, who shall have the same power which other
collectors of rates in this Colony by law have, and to be ac-
countable in the same manner ; and the said collector is
further directed to pay the money so collected into the hands
of the committee which shall be appointed by said inhabi-
tants to build said house. And John Owen, Josiah Bissell
and Hezekiah Humphry, Esq^^, are appointed a committee
with full power to repair to said town of Hartland, view their
circumstances, hear all parties concerned, and affix the place
whereon to build said house.
This Assembly was adjourned by proclamation &c. until
the Governor, or in his absence the Deputy Governor, shall
see cause to call it to meet again.
Teste George Wyllys, Secret'y.
[319] Anno Regni Regis Creorgii tertii decimo-quarto.
At a General Assembly of the Governor and Company
OF THE English Colony of Connecticut in New England
IN America, holden at Hartford in said Colony on
the second Thursday of May, being the twelfth day
of said month, and continued by several adjournments
until the fourth day of June next following, annoque
Domini 1774.
Present :
The Honorable Jonathan Trumbull, Esq"", Crovernor.
The Honorable Mathew Griswold, Esq"", Deputy Governor.
252 PUBLIC RECORDS [May,
Jabez Hamlin, Esq"", Roger Sherman, Esq"", ^
Shubael Conant, Esq"", William SamuelJohnson, Esq'', ^
Elisha Sheldon. Esq^, Abraham Davenport, Esq , > S-
Eliphalet Dyer, Esq'', Joseph Spencer, Esq'', [ a
Jabez Huntington, Esq"", Oliver Wolcott, Esq ■■, 3-
William Pitkin, Esq'', James Abraham Hilhoiise,Esq'', J
jRepresentatives or Deputies of the freemen of the several
Toivns are as follow, viz :
Colo. John Pitkin, Mr. Benjamin Payne, for Hartford.
Colo. John Strong, Capt. Fisher Gay, for Farmington.
Capt. John Brooks, Capt. Jabez Brainerd, for Haddam.
Capt. Judah Holcomb, Capt. Jonathan Pettibone, for Syms-
bury.
Capt. Thomas Belden, Mr. John Chester, for Weathersfieid.
Maj"" Henry Champion, Mr. Daniel Foot, for Colchester.
[320] Mr. Alexander King, Mr. Gideon Granger, for Suffield.
Capt. Samuel Chapman, Mr. Samuel Cobb, for Tolland.
Capt. Joel White, Capt. Benjamin Talcott, for Bolton.
Mr. Josiah Converse, Mr. Joshua Fuller, for Stafford.
Mr. Daniel Brainerd, Mr. Jabez Chapman, for East Hadam.
Mr. Reuben Sikes, Mr. Emery Pease, for Somers.
Mr. Edward Collins, Mr. Nath' Terry, for Enfield.
Mr. Richard Alsop, Mr. Titus Hosmer, for Midletown.
Mr. William Wolcott, Maj'' Erastus Wolcott, for East Windsor.
Capt. Josiah Bissell, Mr. Oliver Elsworth, for Windsor.
Capt. Daniel Ingham, Capt. Obadiah Hosford, for Hebron.
Mr. David Sage, Capt. Silas Dunham, for Chatham.
Capt. Jonathan Wells, Mr. Ebenezer Plummer, for Glaston-
bury.
Capt. Timothy Pearl, Mr. Elijah Fenton, for Willington.
Mr. Samuel Bishop, Mr. Thomas Darling, for New Haven.
Capt. John Wooster, Mr. Joseph Hull, for Derby.
Colo. Elihu Chauncey, Majf James Wadsworth, for Durham.
Mr. John Burgiss, Mr. John Redfield, for Guilford.
Mr. Benj^ HaU 3d, Mr. Oliver Stanly, for Wallingford.
Mr. Daniel Page, for Branford.
Colo. Edward Allen, Majr David Baldwin, for Milford.
Mr. Joseph Hopkins, Capt. Jonath" Baldwin, for Waterbury.
Mr. Richard Law, Mr. WilliamHilhouse, for New London.
Mr. Isaac Tracy, Mr. Benja. Huntington, for Norwich.
Maj. Samuel H. Parsons, Mr. William Noyes, for Lyme.
Mr. Thomas Mumford, Capt. William Morgan, for Groton.
Mr. John Dean, Mr. Nath' Minor, for Stonington.
Mr. Theophilus Morgan, Mr. Hez'' Lane, for Killingworth.
Mr. Edward Mott, Capt. John Tyler, for Preston,
1774.] OF CONNECTICUT. 253
Capt. Hez'^ Whittlesey, Capt. Will" Wortliington, for Say-
brook.
Ebenezer Silliman, Esq'', Capt. Samuel Squier for Fairfield.
Capt. Robert Fairchild, Mr. Abner Judsoii, for Stratford,
Capt. John Mead, Mr. Amos Mead, for Greenwich.
Mr. William Hawley, Mr. Peter Fail-child, for Reading,
Colo. Joseph P. Cook, Capt. Daniel Starr, for Danbury.
Maj'' David Waterbury, Mr. Thomas Young, for Stamford,
Capt. Henry Glover, Mr. Oliver Tousey, for Newtown.
Mr. Zach' Towner, Capt. Nehemiah Beardslee, for New Fair-
field.
Colo. Philip B. Bradley, Mr. Samuel Olmsted, for Ridgfield.
Mr. Thomas Belden, for Norwalk.
Maj'' Jedediah Elderkin, Mr. Nathaniel Wales, for Windham.
Colo. VVilliam Williams, Capt. Seth Wright, for Lebanon.
Mr. Phineas Strong, Mr. Jer'' Ripley, for Coventry.
Mr. Cons* Southworth, Capt. Experience Storrs, for Mans-
field.
[321] Capt. Isaac Coit, Capt. James Bradford, for Plain-
field.
Mr. Samuel Craft, Mr. David Williams, for Pomfret.
Mr. Solomon Payne, Mr. Eliashib Adams, for Canterbury,
Capt. Benja. Sumner, Mr. Ezra Smith, for Ashford.
Capt. Elisha Child, Mr. Jed'' Morse, for Woodstock.
Mr. Bryant Brown, Capt. William Danielson, for Killingley.
Mr. James Gordon, Mr. Robert Hunter, for Voluutown.
Mr. Jedediah Strong, Capt. John Marsh, for Litchfield.
Mr. Daniel Sherman, Capt. Increase Mosely, for Woodbury.
Mr. Joshua Porter, Capt. James Landon, for Salisbury.
Mr. Ephraim Hubbel, Mr. Nathan Eliott, for Kent.
Mr. Asaph Hall, Capt. Samuel Nash, for Goshen.
Capt. Thomas Porter, Mr. John Pierce, for Cornwall.
Maj'' Charles Burrall, Capt. Samuel Forbs, for Canaan.
Mr. James Pardee, Capt. Ebenezer Gay, for Sharon.
Capt. Mathew Gillett, Capt. Abel Merrell, for New Hartford.
Mr. John Cook, for Torrington.
Mr. Thomas Noble, Mr. Josiali Starr, for New Milford.
Mr. Josiah Phelps, Mr. Mark Prindle, for Harwington.
Ebenezer Silliman, Esq', Speaker, } of the House of
William Williams, Esq^, Clerk, \ Representatives.*
*Mr. Silliman having been called home the second week of the session
on account of sickness in his family, Col. William Williams was chosen
Speaker and Maj. Samuel Holden Parsons Clerk. JVnr London Gazette,
No. 550. Mr. Silliman, however, resumed his place before the close of the
session.
254 PUBLIC EECORDs [May,
This day being appointed by the royal charter and the laws
of this Colony for the Election of the publick officers of the
Colony, VZ2; Governor, Deputy Governor, Assistants, Treas-
urer and Secretary, proclamation was made in manner accus-
tomed, and then the votes of the freemen were given in to
the persons appointed by the Assembly to receive, sort and
count them, and to declare the names of such persons as shall
be chosen to any of the aforementioned offices according to
law ; which persons so appointed were, Jabez Hamlin, rfhu-
bael Conant, Elisha Sheldon, Eliplialet Dyer, Jabez Hunting-
ton, William Pitkin, Roger Sherman, Abraham Davenport,
William Sam' Johnson, Oliver Wolcott, James Abraham Hil-
house, Esq''^ Mr. Benjamin Payne, Mr. Titus Hosmer, Mr.
Thomas Darling, Maj' James Wadswortli, Mr. Isaac Tracy,
Mr. Thomas Mumford, Mr. Thomas Belding, Capt. Daniel
Starr, Maj'' Jedediah Elderkin, Mr. Samuel Craft, Mr. Joshua
Porter, and Capt. Increase Mosely, who were all sworn to a
faithful discharge of that trust.
And the votes of tlie freemen being brought in, sorted and
counted,
The Honorable Jonathan Trumbull, Esq'', is chosen Gover-
nor of this Colony for the year ensuing.
[322] The Honorable Mathew Griswold, Esq'", is chosen
Deputy Governor of this Colony for the year ensuing.
Jabez Hamlin, Esq"", Roger Sherman, Esq-",
Shubael Conant, Esq'', William Samuel Johnson,Esq'",
Elisha Sheldon, Esq"", Abraham Davenport, Esq"",
Eliphalet Dyer, Esq"", Joseph Spencer, Esq'',
Jabez Huntington, Esq"", Oliver Wolcott, Esq"",
William Pitkin, Esq"", James Abraham Hilhouse,Esq'',
were chosen Assistants for the year ensuing.
John Lawrence, Esq'', is chosen Treasurer of this Colony
for the year ensuing.
George Wyllys, Esq"", is chosen Secretary of this Colony for
the year ensuing.
The Governor's oath prescribed by the law of this Colony,
and the oath required by act of Parliament made and passed
in the fourth year of the reign of his Majesty George the
third, entituled An act for granting certain duties in the Brit-
ish Colonies and Plantations in America &c., were in due
form and manner administered to the Hon'''® Jonathan
Trumbull, Esq"", now chosen Governor of the Colony of Con-
necticut, who thereupon took the Governor's chair.
The Deputy Governor's oath prescribed by the law of this
Colony was duly administered to the Hon'''® Mathew Gris-
1774.] OF CONNECTICUT. 255
wold, Esq"", now chosen Deputy Governor of this Colony,
who thereupon took the Deputy Governor's chair.
Tlie Assistant's oath prescribed by the law of this Colony
was duly administered to Jabez Hamlin, Shubael Conant,
Elisha Sheldon, Eliphalet Dyer, Jabez Huntington, William
Pitkin, Roger Sherman, William Samuel Johnson, Abraham
Davenport, Joseph Spencer, Oliver Wolcott, and James Abra-
ham Hilhouse,Esq''% now chosen Assistants over this Colony,
who thereupon took their seats at the Council Board.
Tlie Treasurer's oath prescribed by the law of this Colony
was duly administered to John Lawrence, Esq"", now chosen
Treasurer of this Colony.
[323] The Secretary's oath appointed by the law of this
Colony was duly administered to George Wyllys, Esq"", now
chosen Secretary of this Colony.
Ordered, That Eliphalet Dyer and Phineas Strong, Esq''^
return the thanks of ihis Assembly to the Rev'' Samuel Lock-
wood, for his sermon delivered before the Assembly on the
12th instant, and desire a copy thereof that it may be
printed.
This Assembly do appoint the Hon''' "^ Mathew Gris wold,
Esq"", to be Chief Judge of the Superior Courts in this Colony
the year ensuing.
This Assembly do appoint Eliphalet Dyer, Roger Sher
man, William Pitkin, and Samuel Huntington of Norwich,
Esqrs, to be Judges of the Superior Courts in this Colony
the year ensuing.
This Assembly do appoint Jabez Hamlin, Esq'', to be Judge
of the County Courts in and for the county of Hartford the
year ensuing.
This Assembly do appoint Elihu Chauncey, Esq'', to be
Judge of tlie County Courts in and for the county of New
Haven tlie year ensuing.
This Assembly do appoint Richard Law, Esq% to be Judge
of the County Courts in and for tlie county of New London
the year ensuing.
This Assembly do appoint Abi'aham Davenport, Esq"", to
be Judge of the County Courts in and for the county of Pair-
field the year ensuing.
This Assembly do appoint Shubael Conant, Esq"", to be
Judge of the County Courts in and for the county of Wind-
ham the year ensuing.
This Assembly do appoint Oliver Wolcott, Esq'' to be Judge
of the County Courts in and for the county of Litchfield the
year ensuing.
256 ■ PUBLIC RECORDS [May,
This Assembly do appoint Joseph Talcott, Esq*", to be
Judge of the Court of Probate for the district of Hartford
the year ensuing.
This Assembly do appoint Joseph Spencer, Esq', to be
Judge of the Court of Probate for the district of East Hadam
the year ensuing.
This Assembly do appoint Jabez Hamlin, Esq^ to be Judge
of the Court of Probate for the district of Midletown the
year ensuing.
This Assembly do appoint Isaac Pinney, Esq"", to be Judge
of the Court of Probate for the district of Stafford the year
ensuing.
This Assembly do appoint Solomon Whitman, Esq"", to be
Judge of the Court of Probate for the district of Farmington
the year ensuing.
This Assembly do appoint John Owen, Esq"", to be Judge
of the Court of Probate for the district of Symsbury the year
ensuing.
This Assembly do appoint John Whiting, Esq'', to be
Judge of the Court of Probate for the district of New Haven
the year ensuing.
[324] This Assembly do appoint G-urdon Saltonstall, Esq"",
to be Judge of the Court of Probate for the district of New
London the year ensuing.
This Assembly do appoint Aaron Eliott, Esq"", to be Judge
of the Court of Probate for the district of Guilford the year
ensuing.
This Assembly do appoint Jabez Huntington, Esq"", to be
Judge of the Court of Probate for the district of Norwich the
year ensuing.
This Assembly do appoint Charles Phelps, Esq"", to be
Judge of the Court of Probate for the district of Stonington
the year ensuing.
This Assembly do appoint Ebenezer Silliman, Esq"", to be
Judge of the Court of Probate for the district of Fairlield the
year ensuing.
This Assembly do appoint Abraham Davenport, Esq^ to
be Judge of the Court of Probate for the district of Stamford
the year ensuing.
This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate for the district of Danbury the
year ensuing.
This Assembly do appoint Shubael Conant, Esq% to be
Judge of the Court of Probate for the district of Windham
the year ensuing.
1774.] OF CONNECTICUT. • 257
This Assembly do appoint Jabez Fitch, Esq% to be Judge
of the Court of Probate for tlie district of Plainfield tlie year
ensuing.
This Assembly do appoint Ebenezer Williams, Esq"", to be
Judge of the Court of Probate for the district of Pomfret
the year ensuing.
This Assembly do appoint Oliver Wolcott, Esq% to be
Judge of the Court of Probate for the district of Litchfield
the year ensuing.
This Assembly do appoint Daniel Sherman, Esq"", to be
Judge of the Court of Probate for the district of Woodbury
the year ensuing.
This Assembly do appoint Joshua Porter, Esq"", to be
Judge of the Court of Probate for the district of Sharon
the year ensuing.
This Assembly do appoint William Wolcott, Seth Wet-
more, Samuel Talcott and Erastus Wolcott, Esq''% to be
Justices of the Peace and Quorum for the county of Hart-
ford the year ensuing.
This Assembly do appoint George Wyllys, Joseph Talcott,
Thomas Hosmer, Jonathan Hills, John Pitkin, Benjamin
Payne, John Lawrence, Thomas Seymour, Elisha Williams,
Solomon Wells, Thomas Belden, Josiah Bissell, Henry AUyn,
Roger Newberry, Charles Elsworth jun% Nathaniel Chauncey,
Mathew Talcott, Richard Alsop, Titus Hosmer, Solomon
Whitman, Joseph Hart, Jared Lee, John Strong, Selah Hart,
Isaac Lee jun% Fisher Gay, John Owen, Judah Holcomb,
Jonath" Pettibone, Hezekiah Humphry, Oliver Humphry,
Joseph Wells, Jabez Brainerd, Joseph Brooks, William Wells,
Elizur Talcott, Jonathan Wells, Phineas Lyman, Alexander
King, Daniel Brainerd, Jabez Chapman jun'', Samuel Hunting-
ton, Epaphras Lord, John Watrous, Daniel Foot, Peter Bulk-
ley, Henry Champion (of Colchester,) David Barbur, John
Phelps, Samuel Gilbert, Ephraim Terry, Joseph Olmsted,
[325] Edward Collins, || Benjamin Talcott, Thomas Pitkin,
Joel White, Samuel Cobb, Samuel Chapman, Isaac Pinney,
Daniel Alden, Abner Barker, Moses Holmes, David Sage,
Nathaniel Freeman, Ebenezer White, Oliver Elsworth, Stephen
Hotchkins, Reuben Sikes, Dyar Throop, and Emery Pease,
Esqi's, to be Justices of the Peace within and for the county
of Hartford the year ensuing.
This Assembly do appoint Thomas Darling, John Fowler,
Samuel Bishop jun^, and James Wadsworth jun"", Esq^^^, to be
Justices of the Peace and Quorum for the county of New
Haven the year ensuing.
33
258 PUBLIC EECORDS [May,
This Assembly do appoint Elihu Chauncey, John Whiting,
Daniel Lyman, Samuel Sacket, Samuel Hemingway, Joshua
Chandler, Caleb Beecher, Simeon Bristol, Enos Allen, David
Wooster, Thomas Howell, David Baldwin, Ephraim Strong,
David Ingersoll, Timothy Russell, Charles French, John
Daviss, Joseph Hull jun'", Thomas Mathews, Joseph Hopkins,
Jonathan Baldwin, Timothy Judd, Samuel Lewiss, Phineas
Boyce, Elihu Hall, Benjamin Hall the 3d, Aaron Lyman,
Macock Ward, Dan Johnson, Caleb Hall, Oliver Stanly,
Reuben Atwater, Nathaniel Ruggles, Josiah Meigs, Timothy
Todd, John Burgiss, Samuel Brown, Oliver Dudley, Jonathan
Russell, Samuel Barker, Josiah Rogers, James Barker, Wil-
liam Gould, and John Wooster, Esq^s, to be Justices of the
Peace within and for the county of New Haven the year
ensuing.
This Assembly do appoint Samuel Coit, William Hilhouse,
Jeremiah Miller and Samuel Selden, Esq''^ to be Justices of
the Peace and Quorum for the county of New London the
year ensuing.
This Assembly do appoint Richard Law, Gurdon Salton-
stall, John Murdock, John Still Winthrop, Jonathaji Lattimore
jun"", Jolm Hemsted, Joshua Raymond, Winthrop Saltonstall,
Elisha Fitch, William Whiting, Ebenezer Hartshorn, Jacob
Perkins, Simon Tracy junf, Samuel Huntington, Benjamin
Huntington, Elisha Lathrop, Elijah Backus, Richard Hide,
Christopher Leffingwell, Samuel Tracy, Rufus Lathrop,
Daniel Bishop, William Witter, Benjamin Coit, Samuel Mott,
Robert Crary, Joseph Denison, John Williams, Charles Phelps,
Paul Wheeler, Nathaniel Minor, Stephen Babcock, Luke Per-
kins, Natlian Smith, William Williams, Ebenezer Avery,
Benadam Gallop, William Avery, Robert Geer, Ebenezer
Ledyard, Benjamin Lee, Samuel Ely, John Lay 2d, Samuel
Holden Parsons, Eleazer Mather, William Noyes, Hezekiah
Whittelsey, John Shipman, Justus Buck, Benjamin Williams,
William Worthington, Elnathan Stephens, Aaron Eliott,
John Pierson, Theophilus Morgan, John Tyler, Joseph Palmer,
Thomas Mumford, William Morgan, Nehemiah Huntington,
and Nathaniel Backus, Esq''^, to be Justices of the Peace
within and for the county of New London the year ensuing.
This Assembly do appoint Jonn Read, Samuel Adams,
Robert Fairchild, and Joseph Piatt, Esq'% to be Justices of
the Peace and Quorum in and for the county of Fairfield the
year ensuing.
This Assembly do appoint Ebenezer Silliman, John Brooks,
James Walker, Ichabod Lewiss, Daniel Fairchild, David Wil-
1774.] OP CONNECTICUT. 259
coxson, Samuel Oclell, Gold Selleck Silliman, Nathan Bulk-
ley, Jonathan Sturgiss, Abraham Andruss, David Cooley,
Samuel Bradley, Samuel Fitch, Thomas Fitch jun'", Thomas
Belden, Theophilus Fitch, Elias Betts, Thomas Young,
Charles Webb, David Waterbury jun"", Benjamin Weed, Mes-
senger Palmer, Peter Mead, John Mead, Reuben Ferriss,
Samuel Olmsted, Samuel Smith, Philip Burr Bradley, Daniel
Cooley, Thomas Benedict, Joseph Piatt Cook, Daniel Taylor,
[326 j Samuel Taylor, Thadeus Benedict, || Henry Glover,
Oliver Tousey, Richard Pairman, John Chandler, Henry Peck,
Nehemiah Beardslee, Thomas Brush, Alexander Stewart,
Lemuel Sanford jun', Daniel Judson, Philip Nichols, John
Allen, Ebenezer Banks, Samuel Wakeman, Zacheus Towner,
Ephraim Hubbel, and Amos Mead, Esq^s, to be Justices of
the Peace in and for the county of Fairfield the year ensuing.
This Assembly do appoint Jabez Fitch, Joshua West, Eben-
ezer Williams and William Williams, Esq''^, to be Justices of
the Peace and Quorum for the county of Windham the year
ensuing.
This Assembly do appoint Samuel Gray, Jedediah Elder-
kin, Nathaniel Wales jun"", Jacob Simons, Hezekiah Manning,
Benajah Bill, John Clark, Isaac Coit, Elisha Payne, John
Curtiss, Joseph Storrs, John Salter, Phineas Strong, Ephraim
Root, Thomas Williams, John Grosvenor, Samuel Craft,
Jacob Dresser, Thomas Moffat, Bryant Brown, William
Danielson, Elijah Whiton, Benjamin Snmner, Jeremiah Kinne,
Robert Dixon, Samuel Stewart, Nathaniel Child, Samuel
Child jun"", Abner Sessions, Solomon Wales, Jedediah Morse,
Nathan Frink, Charles Church Chandler, Abraham Burnapp
jun"", James Bradford, Elijah Dyer, and Ebenezer Devotion,
Esq''', to be Justices of the Peace in and for the county of
Windham the year ensuing.
This Assembly do appoint Increase Mosely, Daniel Sher-
man, Bushnel Bostwick, and Joshua Porter, Esq", to be Jus-
tices of the Peace and Quorum for the county of Litchfield
the year ensuing.
This Assembly do appoint Jacob Woodruff, Isaac Baldwin,
David Welch, Reuben Smith, Andrew Adams, Daniel Everett,
Benjamin Hinman, Gideon Walker, Benjamin Stiles, Thomas
Warner, Joseph Pierce, Paul Welch, Samuel Bostwick, Sam-
uel Canfield, Joseph Ruggies, John Ransom, Daniel Lee,
Nathan Elliott, Ephraim Hubbell jun"", Daniel Griswold,
James Landon, John Hutchinson, Charles Burrall, Elisha
Baker, Samuel Forbes, Thomas Russell, Heman Swift, Sam-
uel Nash, Ebenezer Norton, Abijah Catlin, Daniel Catlin,
260 PUBLIC RECORDS [May,
John Cook, Epaphras Sheldon, Mathew Gillett, Zebulon Mer-
rells, Michael Humphry, Giles Pettibone, Nehemiah Andruss,
William Cogswell, John Canfield, Joseph Lord, and Thomas
Porter, Esqfs, to be Justices of the Peace in and for the
county of Litchfield the year ensuing.
This Assembly do appoint Messrs. Zebulon Butler, Nathan
Denison and Silas Park, to be Justices of the Peace within
and for the county of Litchfield for the year ensuing.
An Act for altering the Time of holding the County Coui"t in and for the
County of Hartford.
Be it eyiacted hy the Governor, Covncil and Representatives,
in General Court assembled, and hy the authority of the same.
That for the future the time for holding the county court in
and for the county of Hartford in the month of April shall be
on the first Tuesday of April annually ; any law, usage or
custom to the contrary notwithstanding.
[327] An Act in Addition to a Law of this Colony entituled An Act for
constituting', regulating and governing a Public Goal or Work House
in the Copper Mines in Symsbury, and for the Punishment
of certain atrocious Crimes and Felonies.
Be it enacted hy the Governor, Council and Representatives,
in General Court assembled, and hy the authority of the same.
That for the future the tryal of persons accused of any of the
crimes which by law are punishable by committing the per-
sons convicted of them to Newgate Prison in Symsbury shall
be before the superior court only, except the crime of horse-
stealing, the tryal of which may be before either the superior
or county court.
An Act directing the Payment of Fines inflicted on Society Collectors
for not accepting and executing their OfBce.
Be it enacted hy the Governor, Council avd Representatives,
in General Court assembled, and hy the authority of the same,
That the fines by law inflicted on persons chosen to any
society office, and who do not accept or execute such office,
shall be paid to the treasury of such society, and shall be
recovered by action brought in the name of the committee
of such society ; any law, usage or custom to the contrary
notwithstanding.
An Act to regulate the Fishei-y at the Mouth of Ni antic River.
Whereas drawing seines at and near the mouth of said
river greatly obstructs the passage of fish into and up said
river, and thereby the fishery in said river is greatly hurt :
Which to remedy,
Be it enacted by the Governor, Council and Representatives,
in General Court assembled, and by the authority of the same.
That no person shall draw any seine for taking fish at
any place between Plumb Bush Point, so called, below the
mouth of said river, . on the easterly side thereof, and the
wharf about ten rods above the mouth thereof, nor at any
1774.] OF CONNECTICUT. 261
place on the bar leading to the ferry, at any place within
thirty rods of the point of the bar : And whoever shall be
guilty of a breach of this act shall forfeit forty shillings for
every such offence, one half to him or them who shall sue
for and prosecute the snme to effect, the other half to the
treasury of the town in which such offence is committed.
This act to be and continue in force for the space of two
years next after the rising of this Assembly, and no longer.
An Act in furtlier Addition to an Act entituled An Act for the Forming
and Regulating the Mihtia and for the Encouragement of Mih-
tary Skill for the better Defence of this Colony.
Be it enacted hy the Grovernor,'^ Council mid Representa-
tives, in General Court assembled, and hy the authority of the
same, That the towns of Litchfield, Goshen, Torrington and
Winchester, shall be one entire regiment, distinguished and
called by the name of the Seventeenth Regiment, and shall
be under the same rules and orders, and have the same
powers, privileges and advantages, as other regiments in the
Colony by law have.
An Act in further Addition to an Act entituled An Act for the Forming
and Regulating the Militia and for the Encouragement of Mili-
tary Skill for the better Defence of this Colony.
[328] Be it enacted hy the Governor, Council and Repre-
sentatives, in General Court assembled, and hy the authority
of the same, That the towns of Symsbury, New Hartford,
Hartland, Barkhemsted, and Colebrook, shall be one entire
regiment, distinguished and called by the name of the
Eighteenth Regiment, and shall be under the same rules and
orders, and have the same powers, privileges and advantages,
as other regiments in the Colony by law have.
Whereas the threatning aspects of Divine Providence on
the liberties of the people, and the dangers we are threatned
with call for humiliation and prayer to the God of all mercies,
to avert his judgments and save his people : Therefore,
Resolved hy this Assembly, That his Eonorthe Governor be
and he is hereby desired to issue a proclamation for appoint-
ing a day of public Fasting and Prayer, to be observed
throughout this Colony, at such time as he, with the advice of
the Council, shall think most proper, to humble ourselves be-
fore God for our sins and supplicate his mercies, and that he
would avert his judgments which threaten us.*
W^hereas this Assembly in October last did resolve that they
would assert their claim, and in some proper way support
such claim, to those lands contained within the limits and
* Wednesday, August 31sl, was the day appointed. The proclamation is
dated at the Council chamber, Hartford, July 20, 1774.
262 PUBLIC RECORDS [Maj,
boundaries of the charter of this Colony, which are westward
of the riv^r Delaware :
Resolved by this Assembly. That a Petition in the name and
behalf of this Colony be preferred as speedily as may be to
his Majesty in his ]\Iost Honorable Privy Council, prayinjv
that commissioners may be appointed and authorized to settle
and afhx the boundaries betwixt those lands contained within
the limits of our charter lying west of the river Delaware
and the proprietaries of the Province of Pennsylvania, with
the usual rights of appeal ; and that the same be prosecuted
to a final issue and decision as soon as conveniently may be ;
and that his Honor, Governor Trumbull, together with the
committee appointed in October last to assist him in stating
and taking proper steps to pursue tlie claim of this Colony to
said western lands, are desired and impowered to procure
such petition to be preferred and prosecuted as soon as may
be done ; taking the advice of the Colony's council in Eng-
land therein.
Whereas it appears that there is a considerable sum of
money due to the Treasurer of this Colony on notes or bonds
for the duties or excise on rum, which notes or bonds are in
the hands of the naval officer for the port of New Haven :
Resolved by this Assembly, that tlie Treasurer of this Colony
be and he is hereby directed to collect such monies as soon as
may be, and render to this Assembly at some future sessions
an account of his proceedings therein.
Upon the representation of Daniel Quochetts and others,
being the tribe called Pequot Indians, living in the town of
Groton, this Assembly do appoint Mr. Edward Mott an over-
seer of said tribe of Indians in Groton, in conjunction with
the surviving overseers, in the room of Daniel Coit, Esq"",
deceas'd.
This Assembly do appoint Samuel Holden Parsons, Esq"",
to be Agent for the Governor and Company of this Colony,
to receive, sue for and recover all such debts or demands as
are due to the said Governor and Company of this Colony,
on bonds, notes of hand or mortgage deeds, from persons
residing in the county of New London, as also to sue for and
recover the possession of all such lands within said county of
New London that belong to said Governor and Company and
detained from them ; wnth full power to appear before any
court or courts of judicature and represent said Governor and
Company for the purpose aforesaid ; and that said agent shall
pay and account to the Treasurer of this Colony for all the
avails of such collections as he shall so make accordingly.
1774.] OF CONNECTICUT. 263
[329] Resolved hy this Assembly, That bis Honor the
Governor be and he is liereby desired to direct that a proper
number of the General Lists of the Inhabitants of this Colony
now laid before this Assembly, together with that returned in
1756, be forthwith printed and distributed to the members of
Assembly.
Whereas the printing and publishing of any letters or ex-
tracts of letters communicated to this Assembly may be in-
convenient and tend to deprive the Colony of much beneficial
intelligence, and a free communication of sentiments, which
may be extremely useful to assist the deliberations and guide
the councils of the Colony : Resolved by this Assembly, that
no copies or extracts of any letters communicated to this
Assembly by his Honor the Governor shall be taken or pub-
lished without his Honor's or this Assembly's leave and
approbation ; and whoever shall transgress this resolution
shall be deemed guilty of a breach of confidence and incur
the displeasure of this Assembly.
It being represented to this Assembly that there are several
lots of unimproved lands situate in the northwesterly part of
the town of Farmington, belonging to the Governor and
Company of this Colony, formerly mortgaged to them by
Gershom Lewiss, deceas'd, and that it is not for the interest
of this Colony to hold the same, as the value thereof is not
increasing and the wood and timber thereon has been wasted
and is exposed to be wasted and destroyed by trespassers
&c. : Resolved by this Assembly, that Colo. John Strong and
Capt. Jonathan Pettibone, Esq'^ be and they are appointed,
authorized and fully impowered, to sell and dispose of the
said lots of land to the best advantage for the benefit of this
Colony, and to make and execute any deed or deeds thereof
to any purchaser or purchasers, which deeds shall be good
and effectual for conveying and transferring the Colony's
title in the same ; and the avails and securities thereof and
therefor deliver and lodge with the Treasurer of this Colony,
taking his receipt therefor, and the same lodge with the
Secretary.
Whereas this Assembly at their sessions in October 1770,
appointed Oliver Wolcott, Benjamin Stiles and Samuel Can-
field, Esq''% a committee to sell some lands belonging to this
Colony on the west side of Ousatonuck River in the township
of Kent,' and to make return &c., and it being now repre-
sented to this Assembly that there is still some land there
that is not sold, upon which wastes are committed &c., and
also some lands in the township of New Milford taken by
264 PUBLIC RECORDS [May,
execution in favour of this government against Jehiel Haw-
ley, one of the managers of Ousatonuck River Lottery :
Resolved by this Assembly, that the said Oliver Wolcott,
Benjamin Stiles and Samuel Canfield, Esq''% be a committee,
or any two of them, to make sale of said lands, and to make
proper deed or deeds thereof in the name and behalf of the
Governor and Company of this Colony, and lodge the money
or securities therefor with the Treasurer of this Colony,
taking his receipt therefor, and lodge the same with the
Secretary, and make report of their doings to the General
Assembly.
It being represented to this Assembly that the cannon and
other military stores belonging to tliis Colony at the fort or
battery at New London, for want of proper care are greatly
exposed to damage : Which to prevent for the future, and to
save and secure the same from further damage.
It is resolved hy this Assembly^ That Capt. Titus Hurlburt
of said New London be appointed, and he is hereby appointed
and directed, to take an exact inventory of all the cannon,
small arms, ammunition and other military stores, belonging
to this Colony at said battery, or within the said town of
New London, and certify the same to this Assembly at their
session at New Haven on the second Thursday of October
next. And the said Hurlburt is hereby further ordered and
[330] directed, to take effectual || care by housing or other-
wise the said cannon, arms and other military stores, to pre-
vent any further damage to the same from the weather &c.
And that the same may be done in the most reasonable and
prudent manner he, the said Hurlburt, is directed to take the
advice of the county court for the county of New London
therein, and inform this Assembly at their sessions in October
next of his doings in the premises.
This Assembly do appoint Charles Burrell to be Colonel of
the fourteenth regiment of militia in this Colony, in the room
of Colo. John Williams, Esq'', deceased.
This Assembly do appoint Joshua Porter to be Lieutenant
Colonel of the fourteenth regiment of militia in the Colony,
in the room of Thomas Chittenden, Esq'', removed out of said
Colony.
This Assembly do appoint Capt. Ebenezer Gay of Sharon
to be Major of the fourteenth regiment of militia in this
Colony, instead of Major Burrell promoted.
This Assembly do appoint Oliver Wolcott, Esq% to be
Colonel of the seventeenth regiment of militia in this Colony.
This Assembly do appoint Ebenezer Norton, Esq', to be
1774.] OF CONNECTICUT. 265
Lieutenant Colonel of the seventeenth regiment of militia in
tliis Colony.
This Assembly do appoint Epaphras Sheldon, Esq', to be
Major of the seventeenth regiment of militia in this Colony.
This Assembly do appoint Jonathan Pettibone, Esq"", to be
Colonel of the eighteenth regiment in this Colony.
This Assembly do appoint Jonathan Humphry, Esq"", to be
Lieutenant Colonel of the eighteenth regiment in this Colony.
This Assembly do appoint Abel Merrell, Esq', to be Major
of the eighteenth regiment in this Colony.
This Assembly do establish John Knap jun'' to be Lieuten-
ant of the new-erected company in the town of Greenwich in
the ninth regiment in this Colony.
This Assembly do establish Aljraham Mead jun"" to be Cap-
tain of the middle company in the town of Greenwich in the
ninth regiment in this Colony.
This Assembly do establish Ephraim Tucker to be Lieuten-
ant of the third company or trainband in the town of Preston.
This Assembly do establish James Averill to be Ensign of
the third company or trainband in the town of Preston.
This Assembly do appoint Isaac Cooke jutf to be Captain
of the second company or trainband in the town of Walling-
ford.
[331] This Assembly do establish Haukins Hart to be
Lieutenant of the second company or trainband in the town
of Wallingford.
This Assembly do establish James Peck to be Ensign of
the second company or trainband in the town of Wallingford.
This Assembly do establish John Andrews to be Captain
of the company or trainband in the society of Greensfarms
in the fourth regiment in this Colony.
This Assembly do establish Stephen Wakeman to be Lieu-
tenant of the company or trainband in the society of Greens-
farms in the fourth regiment in this Colony.
This Assembly do establish Simon Andrews to be Ensign
of the company or trainband in the society of Greensfarms in
the fourth reghnent in this Colony.
This Assembly do establish Paul Blodget to be Captain of
the 13th company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Benjamin Daviss to be Lieu-
tenant of the 13th company or trainband in the fifth regiment
in this Colony.
This Assembly do establish Nathaniel Patten to be Ensign
of the 13th company or trainband in the fifth regiment in
this Colony.
34
266 PUBLIC RECORDS [Maj,
This Assembly do establish Samuel Wakeman to be Cap-
tain of the company or trainband in the west part of North
Fairfield in the fourth regiment in this Colony,
This Assembly do establish Ephraim Lyon to be Lieuten-
ant of the company or trainband in the west part of North
Fairfield in the fourth regiment in this Colony.
This Assembly do establish Seth Bradley to be Ensign of
the company or trainband in the west part of North Fair-
field in the fourth regiment in this Colony.
This Assembly do establish Peter Nichols to be Captain of
the third company or trainband in the 16th regiment in this
Colony.
This Assembly do establish Samuel Ferriss to be Lieutenant
of the third company or trainband in the 16th regiment in
this Colony.
This Assembly do establish Andrew Beers to be Ensign of
the third company or trainband in the 16th regiment in this
Colony.
This Assembly do establish Abraham Fuller to be Captain
of the first company or trainband in the 13th regiment in
this Colony.
This Assembly do establish Lewiss Mills to be Lieutenant
of the first company or trainband in the 13th regiment in this
Colony.
This Assembly do establish Jirey Swift to be Ensign of
the first company or trainband in the 13tli regiment in this
Colony.
This Assembly do establish Ebenezer Witter jun"" to be
Captain of the first company or trainband in the town of
Preston.
This Assembly do establish Eliab Farnam to be Lieutenant
of the first company or trainband in the town of Preston,
This Assembly do establish John Avery Jun"" to be Ensign
of the first company or trainband in the town of Preston.
[332] This Assembly do establish Timothy Gaylord to be
Ensign of the south company or trainband in the town of
Norfolk.
This Assembly do establish John Safford to be Ensign of
the fourth company or trainband in the town of Preston.
This Assembly do establish Jabez Botsford to be Cornet
of the troop of horse in the 16th regiment in this Colony.
This Assembly do establish Comfort Starr to be Quarter-
Master of the troop of horse in the 16th regiment in this
Colony.
This Assembly do establish Vintin Beckwith to be Lieu-
1774.] OP CONNECTICUT. 267
tenant of the sixth company or trainband in the town of
Lyme.
' This Assembly do establish Stephen Gee to be Ensign of
the sixth company or trainband in the town of Lyme.
This Assembly do establish Benjamin Buell to be Cap-
tain of the 13th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Jonathan Gillett to be Captain
of the third company or trainband in the town of Lyme.
This Assembly do establish Richard Ransom to be Ensign
of the third company or trainband in the town of Lyme.
This Assembly do establish Ezra Sperry to be Lieuten-
ant of the 16th company or trainband in the second regiment
in this Colony.
This Assembly do establish David Beacher to be Ensign
of the 16th company or trainband in the second regiment in
this Colony.
This Assembly do establish James Green to be Captain
of the first troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Jonathan Deming to be Lieu-
tenant of the first troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Elijah Metcalf to be Cornet of
the first troop of horse in the 12th regiment in this Colony.
This Assembly do establish Daniel Bulkley to be Qaarter-
Master of the first troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Benjamin Denniss to be Lieu-
tenant of the ninth company or trainband in the town of
Norwich in the third regiment in this Colony.
This Assembly do establish Thomas Trapp jun"" to be
Ensign of the ninth company or trainband in the town of
Norwich in the third regiment in this Colony.
This Assembly do establish Jedediah Huntington to be Cap-
tain of the first company or trainband in the town of Nor-
wich in the third regiment in this Colony.
This Assembly do establish Jacob Perkins jun' to be Lieuten-
ant of the first company or trainband in .the town of Norwich
in the third regiment in this Colony.
This Assembly do establish Joseph Carew to be Ensign of
the first company or trainband in the town of Norwich in the
third regiment in this Colony.
This Assembly do establish John Alcox to be Captain of
the 13th company or trainband in the 15th regiment in this
Colony.
268 PUBLIC RECORDS [Maj,
[333] This Assembly do establish Isaae Cleavelaiid to be
Lieutenant of the 13th company or trainband in the 16th
regiment in this Colony.
This Assembly do establish Ezekiel Little to be Captain of
the 12th company or trainband in the 11th regiment in this
Colony.
This Assembly do establish John Eaton jun"" to be Lieu-
tenant of the 12th company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish David Cady jun"" to be Ensign
of the 12th company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Jesse Curtiss to be Lieuten-
ant of the 14th company or trainband in the 10th regi-
ment in this Colony.
This Assenibly do establish Amos Brunson to be Ensign of
the 14th company or trainband in the 10th regiment in
this Colony.
This Assembly do establish Phineas Porter to be Lieuten-
ant of the second company or trainband in the 10th regiment
in this Colony.
This Assembly do establish Rueben Blakslee to be Ensign
of the second company or trainband in the 10th regiment in
this Colony.
This Assembly do establish Nathaniel Harriss to be Cap-
tain of the 11th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish John Tennant to be Ensign of
the 11th company or trainband in the 12th regiment in this
Colony.
This Assembly do establish William Boland to be Quarter-
Master of the troop of horse in the 14th regiment in this
Colony.
This Assembly do establish Noadiah Hooker to be Captain
of the second company or trainband in the 15tli regiment in
this Colony.
This Assembly do establish Peter Curtiss to be Lieutenant
of the second company or trainband in the 15th regiment in
this Colony.
This Assembly do establish John Hamlin to be Ensign of
the 16th company or trainband in the 15th regiment in this
Colony.
This Assembly do establish Reuben Hart to be Captain of
the fourth company or trainband in the 16th regiment in this
Colony.
1774.] OF CONNECTICUT. 269
This Assembly do establish Asa Bray to be Lieutenant of
the fourth company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Elisha Root to be Ensign of
the fourth company or trainband in the 15th regiment in
this Colony.
This Assembly do establish David Judson to be Captain
of tlie fifth company or trainband in the 13th regiment of
this Colony.
This Assembly do establish Jonathan Farrand to be Lieu-
tenant of the fifth company or trainband in the 13th regi-
ment in this Colony.
This Assembly do establish Abner Mosely to be Ensign of
the fifth company or trainband in the 13th regiment in this
Colony.
This Assembly do establish Elias Dunning to be Captain
of the fourth company or trainband in the 13th regiment in
this Colony.
[334] This Assembly do establish Nathan Smith to be
Captain of the 18th company or trainband in the second
regiment in this Colony.
This Assembly do establish Bradford Steel to be Lieuten-
ant of the eighteenth company or trainband in the second
regiment in this Colony.
This Assembly do establish Isaac Smith to be Ensign of
the 18th company or trainband in the second regiment in
this Colony.
This Assembly do establish Seth Smith to be Captain of
the 12th company or trainband in the 15th regiment in this
Colony.
This Assembly do establish John Merrell to be Lieutenant
of the 12th company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Thomas Bidwell to be Ensign
of the 12th company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Zachariah Clarke to be Ensign
of the company or trainband in the parish of Chester in the
town of Saybrook.
This Assembly do establish Elisha Phelps to be Captain of
the third company or trainband in the town of Symsbury.
This Assembly do establish Job Case to be Lieutenant of
the third company or trainband in the town of Symsbury.
This Assembly do establish Benoni Buttolph to be Ensign
of the third company or trainband in the town of Symsbury.
270 PUBLIC RECORDS [May,
This Assembly do establish Joseph Cady jun'' to be Cap-
tain of the fourth company or trainband in the lltli regi-
ment in this Colony.
This Assembly do establish Jonatlian Cady to be Lieuten-
ant of the fourth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Gershom Breed to be Captain
of the ninth company or trainband in the town of Norwich
in the third regiment in this Colony.
Tliis Assembly do establish Stephen Hall to be Ensign of
the second company or trainband in the town of Guilford.
This Assembly do establish Nathaniel Marcy to be Captain
of the 16th company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Jonathan Olmsted to be Lieu-'
tenant of the eighth company or trainband in the 12th regi-
ment in this Colony.
This Assembly do establish Abner Brainerd juni" to be
Ensign of the eighth company or trainband in the 12th regi-
ment in this Colony.
This Assembly do establish Elijah Hide jun'' to be Captain
of the second troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Dan Throop to be Lieutenant
of the second troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Abraham Fitch to be Cornet
of the second troop of horse in the 12th regiment in this
Colony.
This Assembly do establish Amos Thomas to be Quarter-
Master of the second troop of horse in the 12th regiment in
this Colony.
[335] This Assembly do establish Samuel Seeley to be
Ensign of a company or trainband in the east parish of
North Fairfield in the fourth regiment in this Colony.
This Assembly do establish John Weld to be Lieutenant
of the third company or trainband iu the 11th regiment in
this Colony.
This Assembly do establish Samuel Chandler jun"" to be
Captain of the 18th company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish Mark El well to be Lieutenant
of the 18th company or trainband in the 11th regiment in
this Colony.
This Assembly do establish John Holbrook jun'" to be En-
1774.] OP CONNECTICUT. 271
sign of the 18th company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Paul Brigham to be Ensign of
the 14th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Titus Murson to be Ensign of
the 14th company or trainband in the second regiment in this
Colony.
This Assembly do establish Solomon Tarbox to be Lieu-
tenant of the 17th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Joseph Woodward to be Cap-
tain of the ninth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Benjamin Bacon to be Lieuten-
ant of the ninth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Abijah Cady to be Ensign
of the ninth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Roger Phelps to be Ensign
of the fifth company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Joseph Blague to be Captain
of the seventh company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Noadiah Russell to be Lieuten-
ant of the seventh company or trainband in the sixth regi-
ment in this Colony.
This Assembly do establish Samuel Cooper to be Ensign
of the seventh company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Daniel Stewart to be Lieu-
tenant of the 17th company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Samuel Abby to be Ensign
of the 17tli company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Payne Convers junr to be
Ensign of the 12th company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish David Leavenworth to be Cap-
tain of the third company or trainband in the town of
Woodbury.
This Assembly do establish Tille Blakesley to be Lieuten-
272 PUBLIC RECORDS [May,
ant of the third company or trainband in the town of Wood-
bury.
[336] This Assembly do establish Thadeus Hurd to be
Ensign of the third company or trainband in the town of
Woodbury.
This Assembly do establish Isaac Miller to be Captain of
the 14th company or trainband in the 6th regiment of this
Colony,
This Assembly do establish Daniel Wetmore to be Lieuten-
ant of the 14th company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Amos Wetmore to be Ensign
of the 14th company or trainband in the sixth regiment of this
Colony.
This Assembly do establish Joab Enos to be Ensign of the
11th company or trainband in the fifth regiment in this
Colony.
This Assembly do establish William Hart jun"" to be Cap-
tain of the troop of horse in the seventh regiment in this
Colony.
This Assembly do establish Samuel Hubbard to be Lieuten-
ant of the 14th company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish William Wilcox to be Ensign
of the 14th company or trainband in the seventh regiment in
this Colony.
This Assembly do establish Isaac Benham to be Ensign of
the 12th company or trainband in the tenth regiment in this
Colony.
This Assembly do establish Jared Shepard to be Captain
of the fifth company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Hugh White to be Lieutenant
of the fifth company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Abijah Savage to be Ensign
of the fifth company or trainband in the sixth regiment in
this Colony.
This Assembly do establish Josiah Butler to be Captain of
the 11th company or trainband in the 15th regiment in this
Colony.
This Assembly do establish Nathaniel Copley to be Lieu-
tenant of the 11th company or trainband in the 15th regi-
ment in this Colony.
Tliis Assembly do establish Nathan Daviss jun"" to be Ensign
1774.] OF CONNECTICUT. 273
of the 11th company or trainband in the 15th regiment in this
Colony.
This Assembly do establish James Clark to be Captain of
the company or trainband in New Stratford in the fourth regi-
ment in this Colony.
This Assembly do establish Peter Curtiss to be Lieutenant
of the company or trainband in New Stratford in the fourth
regiment in this Colony.
This Assembly do establish David Wells to be Ensign of
the company or trainband in New Stratford in the fourth
regiment in this Colony.
This Assembly do establish Samuel Wheet to be Captain
of the second company or trainband in the town of Norwich
in the third regiment in this Colony.
This Assembly do establish Joseph EUiss to be Lieutenant
of the 2d company or trainband in the town of Norwich in
the third regiment in this Colony.
This Assembly do establish Isaac Griswold to be Ensign
of the 2d company or trainband in the town of Norwich in
the third regiment in this Colony.
[337] This Assembly do establish Solomon Elsworth to be
Lieutenant of the second company or trainband in the town
of East Windsor.
This Assembly do establish Noah Allyn to be Ensign of
the second company or trainband in the town of East
Windsor.
This Assembly do establish Jonathan Wells to be Cap-
tain of the fifth company or trainband in the town of
Hartford.
This Assembly do establish Moses Forbs to be Lieutenant
of the fifth company or trainband in the town of Hartford.
This Assembly do establish Jonathan Roberts to be Ensign
of the fifth company or trainband in the town of Hartford.
This Assembly do establish Jabez Hill to be Captain of
the second troop of horse in the fourth regiment in this
Colony.
This Assembly do establish Ezekiel Hull to be Cornet of
the second troop of horse in the fourth regiment in this
Colony.
This Assembly do establish Gideon Kirtland to be Captain
of the eighth company or trainband in the seventh regiment
in this Colony.
This Assembly do establish Elijah Scovil to be Lieuten-
ant of the eighth company or trainband in the seventh regi-
ment in this Colony.
35
274 PUBLIC RECORDS [May,
This Assembly do establish Dan Piatt to be Ensign of the
eighth company or trainband in the seventh regiment in this
Colony.
This Assembly do establish Timothy Button to be Captain
of the ninth company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Thomas Williams to be Ensign
of the ninth company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Roswell Post to be Lieuten-
ant of the lOtli company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Simeon Lay to be Ensign of
the loth company or trainband in the seventh regiment in
this Colony.
This Assembly do establish Bezaleel Ives to be Captain of
the 16th company or trainband in the tenth regiment in this
Colony.
This Assembly do establish Allen Rice to be Lieutenant of
the 16th company or trainband in the tenth regiment in this
Colony.
This Assembly do establish Divan Berry to be Ensign
of the 16th company or trainband in the tenth regiment in
this Colony.
This Assembly do establish Jonathan Bell jun'' to be Cap-
tain of the company or trainband in the society of Midlesex
in the ninth regiment in this Colony.
This Assembly do establish Eli Reed to be Lieutenant of
the company or trainband in the society of Midlesex in the
ninth regiment in this Colony.
[338] This Assembly do establish Silvanus Fansher to l)e
Ensign of the company or trainband in the society of Midle-
sex in the ninth regiment in this Colony.
This Assembly do establish John Tennant to be Lieutenant
of the 11th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish George Chadwick to be
Captain of the south company or trainband in the town of
Lyme.
This Assembly do establish Roger Newberry to be Captain
of the first company or trainband in the town of Windsor.
This Assembly do establish Timothy Loomiss to be Lieu-
tenant of the first company or trainband in the town of
Windsor.
This Assembly do establish Phineas Wilson to l)e Ensign
of the first company or trainband in the town of Windsor.
1774.] OF CONNECTICUT. 275
This Assembly do establish James Fitch ]mf to be Cap-
tain of the second company or trainband in the town of East
Windsor.
This Assembly do establish Mathew Hide to be Lieuten-
ant of the second company or trainband in the town of
East Windsor.
This Assembly do establish Jonathan Doming to be Lieu-
tenant of the eighth company or trainband in the sixth regi-
ment in this Colony.
This Assembly do establish Benjamin Wright to be Ensign
of the eighth company or trainband in the sixth regiment in
this Colony.
This Assembly do establish John Tennant to be Lieuten-
ant of the 11th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Reuben Rose to be Captain of
the 11th company or trainband in the second regiment in
this Colony.
This Assembly do establish Samuel Baldwin to be Ensign
of the 11th company or trainband in the second regiment in
this Colony.
This Assembly do establish Eli Butler to be Quarter-Master
of the troop of horse in the sixth regiment in this Colony.
This Assembly do appoint Mr. David Smith of Waterbury
Surveyor of Lands for the county of New Haven.
This Assembly do appoint Ebenezer Kellogg Surveyor of
Lands for the county of Litchfield.
This Assembly do appoint Samuel Doughty Surveyor of
Lands for the county of Litchfield.
This Assembly do appoint Stephen Butt to be Surveyor of
Lands for the county of Windham.
[339] This Assembly do appoint Elisha Sheldon, Esq%
Messrs. Richard Alsop, Samuel Bishop, Theophilus Morgan,
Thomas Belden of Norwalk, Experience Storrs and Jedediah
Strong, to audit the Colony accounts with John Lawrence,
Esqi", the present Treasurer of tliis Colony.
Whereas a highway was ordered to be laid out from the
meeting-house in the society of Southbury in the town of
Woodbury to the court-house in New Haven, to pass by the
meeting-house in the society of Oxford, in pursuance whereof
a highway was laid and bounded out from said Southbury
meeting-house to said Oxford, which was established by an
act of this Assembly in May, 1766, and at the same time
Daniel Sherman, Benjamin Hinman and Benjamin Stiles,
Esq'', were appointed, and in October, 1766, reappointed, a
276 PUBLIC RECORDS [^^J,
committee to lay out said Ligliway from said Oxford to said
New Haven in the best and most convenient place, who
entered upon said service but did not compleat the same
before the time limited for making their report expired, and
it being now represented by some of the members of this
Assembly that there is great need of finishing the laying out
said highways : This Assembly do appoint Elihu Chauncey
and Timothy Judd, Esq''% and Mr. Daniel Bennit, a commit-
tee, witli full power to lay out a highway in the best and
most convenient place, from the dwelling-house of Capt. John
Wooster in said Oxford society to the court-house in said
New Haven, and bound the same by suitable monuments
where they vary from the highways already laid out: and
the damage done to any persons in their lands thereby shall
be paid by the respective towns in which such lands lie, as
the selectmen of said towns and the parties interested may
agree or as the same may be apprized by said j3ommittee ;
and said committee are hereby directed to give seasonable
notice to one or more of the selectmen of each of the towns
wherein said highway is to be laid out to be present at the
laying out of the same, and make report of their doings to
this Assembly in October or May next.
Upon the petition of Elisha Baker, Esq"", of Canaan in
Litchfield county, representing that he is unable to pay all
his just debts ; praying for a special act of insolvency in his
favour &c., as per petition on file : Resolved by this Assem-
bly, that the consideration of said petition be referred to this
Assembly at their session in October next ; and the person
and estate of said Baker be and the same is hereby protected
and freed from any arrest or imprisonment, either on mesne
process or execution, for any debt or duty now due and owe-
ing from him, the said Baker, to any of his creditors who are
parties to said petition, until the rising of this Assembly in
October next.
Upon the petition of Jacob Benton, of Harwington in
Litchfield county, praying for an especial act of insolvency
in his favour, as per petition &c. : Resolved by this Assem-
bly, that the further consideration of said petition be referred,
and the same is hereby referred, to the session of this As-
sembly in October next ; and that the person and estate of
said Benton shall be and the same is hereby exempted from
any arrest and imprisonment for any debt due and oweing
from him, the said Benton, to any person parties to said peti-
tion at the date thereof.
Upon the petition of James Clark, of Litchfield in Litch-
1774.] OF CONNECTICUT. 277
field county, representing to this Assembly that, by reason
of sickness and other misfortunes, he is unhappily become
insolvent, and that he has been by several of his creditors a
considerable time confined in Litchfield county goal, to the
distress of his family, the damage of his creditors in general,
and that a length}'' confinement would render his present
personal bodily disorders dangerous to his life ; praying for
an especial act of insolvency in his favour, as per petition on
file &c., in which request most of his creditors have actually
joined and none object : Resolved by this Assembly, that
Capt. John Marsh, Ephraim Harrison and Samuel Barnerd,
all of said Litchfield, be and they are hereby appointed
trustees unto the said James Clark, with full power to receive
f340j of the said || Clark a legal conveyance of all his estate,
both real and personal, in law and equity, with all his notes,
book-debts and credits of what kind or nature soever, with
all vouchers appertaining thereto ; and that upon the said
Clark's making and duly executing such conveyance, and
upon oath resigning up all his estate as aforesaid into the
hands of said trustees for the sole use of his creditors, except-
ing only such necessaries as are by the laws of this govern-
ment exempted from being taken by execution, on or before
the first day of July next, and producing a certificate thereof
under the hands of said trustees, the keeper of said Litch-
field county goal is hereby ordered to dismiss said Clark from
his confinement in said goal by any person or persons parties
to said petition ; and said trustees upon such resignation are
hereby impowered to bring actions in their own names for
the recovery of any estate or debts now due and oweing unto
said Clark from any person, with full power to ascertain and
adjust all debts now due from said Clark to any of his cred-
itors parties to said petition, with power to settle by arbitra-
tion any controversy now subsisting between the petitioner
and any person indebted to him, and to dispose of and con-
vert the said Clark's estate so to them resigned into money,
and the same equally to divide to and among his creditors ;
and that the person of said Clark shall forever after his
resigning up his estate to said trustees as aforesaid be ex-
empted and freed frotn any arrest or imprisonment on account
of any debt due and oweing from him to any person or per-
sons parties to said petition at the date thereof. And it is
also resolved, that any two of said trustees may execute said
trust.
Upon the petition of Daniel and Sarah Hooker &c., against
Titus Hosnier, Esq', and George Hosmer, praying for a com-
278 PUBLIC RECORDS [May,
mittee &c. : Resolved by tliis Assembly, that Erastus Wolcott,
Esq'', Isaac Lee jun'' and Benjamin Payne, Esq'"% be and they
are hereby appointed and impowered a committee, to exam-
ine and enqnire of the several matters and thino's alledged
and set forth in said petition, and make report thereof with
their opinion thereon to the General Assembly in October
next.
Upon the petition of John Walker, of Bolton in the county
of Hartford, representing to this Assembly that he is in-
debted to Jolm Keith, of Hartford in the county of Hartford,
and to sundry other persons, the sum of £516 10s. Od. law-
ful money, and that all his credits and estate wherewith to
pay said debt does not exceed the sum of =£400 0, lawful
money ; that by reason of losses, misfortunes, disappoint-
ments &c., he is unable to pay his said debts; that he is
desirous of doing equal justice among all his creditors, but
hath it not in his power, by reason some individual of his
creditors are taking by attachments and legal process what
little property they from time to time find in his hands,
whereby great part thereof is consumed in cost <fec. ; praying
that upon his disclosing upon oath all his goods, credits and
estate, and delivering up the same into the hands of some
meet persons who may be appointed trustees to receive the
same to be disposed of for the benefit of said creditors, he
may by decree of this Assembly be freed and exempted from
all future arrests, imprisonment and restraint on account of
any debt or debts by him heretofore contracted &c., as per peti-
tion on file ; and it appearing that the facts set up in said peti-
tion are true and uncontradicted, and a considerable part of
said creditors, both in number and value, having joined in a
motion that the prayer of said petition should be granted,
and that trustees be appointed accordingly &c. : It is there-
fore resolved, decreed and ordered by this Assembly, that
Thomas Hopkins, Jolm Chenevard and Ralph Pomeroy, all
of Hartford in said county, be and they are hereby appointed
trustees, fully authorized and impowered to receive of the
said Walker, who is hereby directed to convey the same,
conveyances of all his estate, goods and ci'edits, for the use
and benefit of said creditors; and said trustees are fortliwith
to proceed and collect all said Walker's estate, and turn the
same into money, and divide and pay the same to and among
said creditors in equal average and proportion to their re-
spective just demands ; and the said Walker shall, from time
to time and at all times when required, afford said trustees-
all the assistance in his power to enable them to recover the
1774.] OF CONNECTICUT. 279
debts now due and oweing to him. And upon the said
Walker's discovering upon oath all his goods, credits and
estate, and making and executing ample conveyances of the
same to said trustees for the benefit of said creditors, and
conforming himself to this act, it is hereby ordered and
decreed, that he, said Walker, be freed and exempted from
[341] all future arrests, || imprisonment and restraint on
account of any debt or debts by him heretofore contracted ;
and the said Walker shall be allowed to keep out of said
estate all such articles as are by law exempted from being
taken by execution to satisfy debts, for his own use, any-
tliing herein before contained notwithstanding. And said
trustees are to have all that authority, and to be under the
same regulations in executing their trust aforesaid, as
trustees appointed according to a late laAV of this Colony,
entituled An act for preventing fraud in debtors and for
recovering the effects of insolvent debtors for the use of their
creditors and for the equitable division of the estates and
effects of such debtors to and among their creditors.
Whereas Charles Caldwell, of Hartford in Hartford
county, hath preferred his petition to this Assembly against
James Caldwell, of Hartford aforesaid, complaining of sun-
dry matters and doings of said James against him, and there
not being time to hear the same at this time: Resolved by
this Assembly, that said petition be continued, to be heard
before the General Assembly of the Colony of Connecticut to
be convened at New Haven on the second Thursday of Octo-
ber next ; and that all proceedings on the matters therein
alledged and complained of be suspended in the mean time.
Upon the petition of Stephen Burrit of New Haven, repre-
senting that by many real misfortunes in trade he is reduced
in his circumstances, so that he is unable to pay his just
debts, and that he is desirous of delivering up all his estate
for the benefit of his creditors ; praying to be released from
his confinement &c., as per petition on file ; and it appearing
to this Assembly that said Burrit is confined in goal in an ill
and dangerous state of health : It is therefore resolved by
this Assembly, that Thomas Darling, Samuel Bishop jun""
and Thomas Howell, Esq^s, are appointed a committee to
examine into the situation of said Burrit's debts and estate,
and make report thereof to this Assembly at their sessions
in October next ; and the said Burrit is hereby released
from his imprisonment until that time.
Upon the petition of Thomas Barber 3d, &c., vs. Rachel
Dowe &c., Majf Elisha Williams, Benjamin Payne, Esq", and
280 PUBLIC RECORDS [May,
Mr. Silas Dean were appointed a committee in October last
by the General Assembly, and said committee have not been
able to finish said business : Said committee are hereby again
appointed on said petition, to examine into the equity of the
petitioner's debt and judgment and all matters set forth in
said petition, and to make report with their opinion thereon
to the General Assembly to be holden at New Haven in
October next ; and said execution against the petitioner, and
all proceedings thereon, are hereby suspended and stayed
until the rising of the General Assembly in October next.
Upon the petition of Daniel Pratt, of Glastonbury in Hart-
ford county, shewing that on the 28th day of June, 1763, he
gave and executed his note of hand to John Thomas of Hart-
ford, for the sum of £32 3 0, lawful money, on interest from
date, which sum was not all of it then due to said Thomas
&c., whereupon a committee hath been appointed to examine
&c., who have now reported that said Thomas took said note
for XIO 16 5, lawful money, more than was at that time due
to him from the petitioner, and that said Thomas ought to
pay the petitioner said sum of <£10 16 5, lawful money, to-
gether with the interest on the same from said 28th day of
June, 1763, to this time &c., which said report is now ac-
cepted and approved &g. : Resolved by this Assembly, that
the said John Thomas shall pay to said Daniel Pratt the said
sum of XIO 16 5, lawful money, together with the interest
thereon from the 28th day of June, 1763, to this time,
amounting to the sum of £1 2 0, lawful money, and that
execution &c. Cost allowed the petitioner is £12 7 0, L.
money. Ex. granted June 4ifA, .1774.
Upon the petition of Jonathan Ashley vs. William Hooker
&c,, a committee was appointed to hear and report, who
accordingly have made report, but the same not containing
sufficient facts whereby to enable this Assembly to know
what is right and just to be done between said parties, said
report is set aside : And thereupon it is resolved by this
Assembly, that Colo. John Pitkin, Maj"" Elisha Williams, and
Thomas Hosmer, Esq^s, be and they are hereby appointed a
committee on said petition, to hear, examine and report the
whole state of said case with their opinion thereon to the
General Assembly in October next.
[343] Upon the petition of Joseph Barnerd, of Hartford
in Hartford county, against Solomon Wells, of Weathers-
field in said county, brought to the General Assembly held
at Hartford on the second Thursday of Kay, 1770, praying
for the redemption of about six acres of meadow land, which
1774.] OF CONNECTICUT. 281
was mortgaged to the petitionee's father, Gideon Wells late
of said Weathersfield, deceas'd, and described to be bounded
in said mortgage deed, east on a highway, south on land
then belonging to Joseph Buckingham, Esq% and north on
land then belonging to John Skinner jun"", and west on land
belonging to sundry persons &c. ; Josiah Bissell, James
Wadsworth and Roger Newberry, Esq'", were appointed a
committee to hear the parties on the matters in said petition,
and report make &c. ; which committee pursuant to said
appointment report, that they find that on the fifth day of
November, 1734, the petitioner did, to secure XlOO 0, old
tenor, mortgage said lands to said Gideon, and that said
Gideon gave his bond of X400 to the petitioner at the
same time, conditioned to reconvey said land on the peti-
tioner's paying said £100 in one year from that time ;
that said XlOO 0, old tenor, is equal to .£25 13 4, lawful
money, and that the same with the interest thereof (exclu-
sive of two years interest paid by said Barnard) amounts to
£88 8s. 9d. lawful money; that the petitioner remained in
the possession of said land until after the death of said
Gideon, who died about the year 1740, leaving minor heirs,
and that the petitionee and those from whom he claims on
the death of said Gideon entered and took possession of said
land, and hath ever since had the whole profit and improve-
ment thereof, and that the net profits of said land since the
death of said Gideon amounts to £90 0, lawful money, and
that said land is worth £90 0, lawful money, and that said
Barnard soon after giving said deed became poor and much
embarrassed in his affairs, and so continued until very lately
&c., as per report on file; which report being accepted by
the General Assembly held at Hartford in May last, and lib-
erty for a bill &c. given, and by continuance comes to this
Assembly: Resolved by this Assembly, that upon the peti-
tioner's paying to the petitionee said sum of £25 13 4,
money, any time within six months from the rising of this
Assembly, thereupon the petitionee shall within one month
after such payment convey and release to the petitioner all
his right, title and claim to said land by deed, on penalty of
forfeiting to the petitioner two hundred pounds, lawful
money ; and that if said Barnard neglect to make payment
of said sum within said time limited as aforesaid, he be fore-
closed of his equity of redemption of said lands.
Upon the petition of Jesse Ives, late of Wallingford now of
Brimfield in the Province of the Massachusets Bay, shewing
'that the petitioner had entered into a contract for the pur-
36
282 PUBLIC EECORDS [May
chase of a farm at Norfolk ; that in order to extricate him-
self he agreed with liis two brothers, John Ives and Titus
Ives, and one John Morse, to convey to them certain about
nineteen acres of land, to pay them for the trouble they
should be at in disengaging him from said bargain <fec., they
at the same time agreeing to return him said nineteen acres
of land, or the value thereof, after they were paid for their
trouble &c.; further alledging that they did procure said bar-
gain to be made void as to the petitioner with little' trouble
and expence &c., as per petition &c., and praying for a com-
mittee &c.; whereupon a committee was appointed &c., and
they have now reported &c., which report is accepted and
approved &g.: Resolved by this Assembly, that the said John
Ives and the heirs of the said John Moise (who is lately
deceas'd) viz. Eliakim Hall jun"" and Eunice his wife, Joel
Morse, Sarah Morse and Phebe Morse, all of said Walling-
ford, shall pay to the petitioner the sum of forty pounds, law-
ful money, that is to say, the said John Ives the sum of
twenty pounds, and the heirs of the said Morse twenty
pounds, with such costs as shall be allowed the petitioner in
prosecuting his said petition, and that the Secretary shall
issue execution against them severally for said sums in
favour of the petitioner, viz. for the one half of said sums
against the said John Ives, and for the other moiety against
the said heirs of the said John Morse. J^x. granted against
said John Ives July 5th, 1774. Ux. granted against said
Eliakim Hall jr. ^c. July 5th, 1774.
[343] Upon the petition of Benjamin Marcy, Asahel
Marcy and Mary Marcy, widow, all of Woodstock in Windham
county, and Dorcas Barns, of Plymouth in the Province of
the Massachusets Bay, as they are tlie only descendants from
and legal representatives of James Corbin, late of Dudley in
tlie county of Worcester and Province of the Massachusets
Bay, shewing that in June, 1708, the said James Corbin,
then of said Woodstock, by sundry purchases from Major
James Fitch, then of Canterbury, became seized in fee of
21400 acres of land in the township of Ashford by estima-
tion, of which said lands many sales were therein made by
said Corbin, and many incroachments have been since made
thereon by settlers and different claimers of said town of
Ashford to the great prejudice of said Corbin, and by means
whereof the title to many lots was rendered uncertain to the
possessors thereof &c., and so continued until May, 1719,
wlien, upon application to the General Assembly of this
Colony for that purpose, a committee was appointed to enquire
17"'4 ] OF CONNECTICUT. 283
into and ascertain the claims of certain particular persons,
and also to settle and liquidate all the claims to lands in
said town of Ashford, which was accordingly done by said
committee, and afterwards ratifyed and confirmed by said
Assembly in October, 1719, upon report then made thereof
&c.; that afterwards in November, 1725, the said James Cor-
bin obtained a patent from this Colony of all those certain
lands first surveyed to and claimed by the New Scituate gen-
tlemen, so called, not included within their original right of
five and three miles square, by force of whicli said patent the
said Corbin became seized in fee of 2476 acres of said land,
first surveyed to said New Scituate gentlemen as aforesaid ;
that notwithstanding all the settlements and ascertainments
of said said several persons lands so made by said committee
in the year of our Lord 1719, the inhabitants and settlers in
said town of Ashford have from time to time been encroach-
ing and entering upon the said Corbin's lands, as well those
purchased from said Fitch as those contained in said patent
from this Colony, and have by sales and dispositions thereof,
and in various otlier ways, rendered the petitioners' title
thereto so perplexed and embarrassed that it is almost im-
possible to evince the same in due course of law &c.; praying
for a committee to examine and report the same with their
opinion thereon &c.; whereupon a committee was appointed,
and have now reported that the said Corbin and those claim-
ing by or under him have not taken up on the claim of the
said Gorh'm, viz. those lands which he purchased of said Fitcli,
the whole quantity allowed to him by the settlement of said
Assembly's committee in 1719, but that there still remains to
make up the whole of the quantity so allowed nine hundred
and ten acres one rood and twenty-eight rods', and also that
there remains untaken up by said Corbin &c. in the patented
lands granted by this Assembly in 1725 to said Corbin and
his associates, exclusive of what lands lying within the
bounds of said patent was duly settled by said committee in
1719, thirteen hundred and seventy-five acres of land ; that
the petitioners are heirs of the said Corbin, and have the sole
equitable right to said lands so remaining as aforesaid, and
ought to have and hold the same in the following proportion,
to wit : the said Mary Marcy one ninth part, the said Dorcas
Barns one ninth part tliereof , and the said Benjamin Marcy
three fifths of seven ninth parts thereof, and the said Asahel
Marcy two fifths of seven ninth parts thereof. And the said
committee have also reported it as their opinion, that the
petitioners ought to be reS:tricted to take up the said remain-
284 PUBLIC RECORDS [^^^7?
der in said Corbin's claim, so called, in the undivided lands
in said claim ; which said report of said committee being
noAV accepted and approved &c., and a question arising there-
on, whether the patent granted to said Corbin in 1725 ought
to be considered as in addition to his claim by virtue of the
doings of the committee in 1719, and said question being
i-esolved in the afhrmative &c.: Resolved by this Assembly,
that the petitioners shall have liberty to take up and lay out
to tliemselves, in the proportion aforesaid, said 910 acres one
rood and twenty-eight rods of land in said undivided lands in
said claim, and also that they shall have and hold, in the
proportion aforesaid, said 1375 acres of land within said
patent granted to said Corbin, being what remains unsold by
said Corbin and not quieted by said committee in 1719, as by
the said report of the committee now exhibited and approved
at large appears; and that tlie petitioners and their heirs
shall for the future be quieted in the aforesaid claim and
patented lands in the quantities aforesaid, in the proportion
aforesaid.
Upon the petition of Isaac Bidwell, of Farmington in the
county of Hartford, shewing to this Assembly tliat in April,
1761, James Jauncey, of New York, recovered judgment
against John Patterson and Samuel Cole, of said Farmington,
[344] for <£354 6s. Sd. || New York money, debt and cost,
and that execution tliereon was taken out and put into the
hands of the petitioner by Joshua Chandler of New Haren,
whose property said debt was, and that the petitioner, as
deputy to the sheriff of Hartford county, received said execu-
tion to collect, and that there was paid X274 14 3, York
money, upon said execution, and that the petitioner had
made other payments on said execution which were not
endorsed, and that a large sum was equitably due to the
petitioner &c., and that AVilliam Pitkin, Esq"", sheriff of the
county of Hartford, had instituted a suit on his bond, of in-
demnity, and had attached the petitioner &c.; praying for
relief, as per petition on file ; whereupon Jabez Hamlin, Ben-
jamin Payne and Titus Hosmer, Esq", were appointed a
committee, who now make their report which is accepted and
approved : And it is thereupon resolved by this Assembly,
that the said Bidwell ought to pay the sum found due by said
committee, amounting to one hundred and twenty-eight
pounds two shillings and six pence, lawful money, on
account of said deal and transactions ; and that the execu-
tion in favour of said Jauncey against said Pitkin shall
remain in said Chandler's hands as his security therefor ; and
1774.] OF CONNECTICUT. 285
that said execution be discharged and settled upon payment
of the sum found due as aforesaid ; and that the same be a
full and final settlement of all dealings and transactions
between said Chandler and Bidwell on their private accounts
and as said Bidwell was deputy to said Pitkin. Co^t alloived
respondent is Xll Os. Od. Ex. granted June 4:t7i, 1774.
Upon the memorial of Silas Dean, of Weathersfield, admin-
istrator of the goods and estate of Mehitabel Dean late of
said Weathersfield, deceas'd, and of Joseph Webb, Sarah
Webb, Mehitabel Webb, Samuel Blackesly Webb, John Webb,
Abigail Webb and Jesse Dean, all of said Weathersfield,
children and heirs of said Mehitabel, which said Samuel is a
minor and appears by his guardian Titus Hosmer of Midle-
town, and said Mehitabel, John, Abigail and Jesse are like-
wise minors, and appear by their guardian the said Silas
Dean, and of Anne Mix, executrix of the last will and testa-
ment of Ebenezer Mix late of Hartford, deceas'd, and of
John Mix and Elisha Mix, children of said Ebenezer and
minors, who appear by said Anne their guardian, shewing
that said Ebenezer in his life time mortgaged to sai^ Mehita-
bel two certain pieces of land, one lying in Hartford contain-
ing about eighty acres, the other lying in Farmington con-
taining three hundred acres, by deed dated the 28tli day of
June, 1762, defeasible on payment of the sum of X415 10 11,
lawful money, on two notes of hand given by said Ebenezer
to said Mehitabel, and that there is now due on said mort-
gage the sum of £571 2 82, lawful money, which cannot be
paid but by sale of said lands ; that said Ebenezer in his life
time conveyed his equity of redemption by deed to said John
Mix and Elisha, and that by reason of the incapacity of said
minors the said lands cannot be conveyed to purchasers ;
praying that said Anna and Silas may be authorized and im-
powered to make sale of so much of said mortgaged premises
as will raise the said sum of £571 2 8J with the interest
thereof till paid, and the same being paid or secured to said
Silas as administrator of said Mehitabel Dean, for the use of
said children and heirs of said Mehitabel, that thereupon the
said Silas he enabled to release the right of said minor heirs
of said Mehitabel to said John and Elisha &c., as per memo-
rial on file: Resolved by this Assembly, that the said Silas
and Anne have liberty and authority, and liberty and author-
ity is hereby granted to said Silas and Anne, to sell so much
of said mortgaged premises as will raise the sum of .£571
2 8i with the interest thereof till paid and incident charges
of sale, and to give a deed or deeds accordingly, and that the
2-^6 PUBLIC RECORDS [^lay,
monies arising on said sale or sales being- paid or secured to
be paid to said Silas as administrator of said Mehitahel
Dean, that the said Silas shall have liberty and authority by
his deed of release to conyeyto the said John Mix and Elisha
Mix all the residue of the title of said minor children of said
Mehitabel Dean to said mortgaged premises, and that all
deeds made pursuant to and by virtue of this act shall be
good and effectual in law for the sure holding the estates
therein conveyed.
Upon the memorial of Joseph Austin, Moses Spears, Wil-
liam Stratton, James Rising and Asaph Leavitt tbe second,
shewing that they are Baptists by profession, and practice
and attend publick worship in that way &c. ; that, notwith-
standing, the second society in said Suffield do tax and com-
pel them to pay for support of the ministry and the building
of meeting-houses &c. ; praying for relief &c., as per memo-
[345] rial <fec. : || "Resolved by this Assembly, that the afore-
said memorialists for the future shall and they are hereby
exempted from all rates for the support of the ministry and
building of meeting-houses in said society, so long as they
continue to attend publick worship with the baptists agree-
able to law.
Upon the petition of Isaac Bidwell of Farmington, shew-
ing to this Assembly that about ten years since tlie petitioner
made and executed to Colo. William Pitkin, Esq^, then
sheriff of the county of Hartford, a deed of a certain tract
of land situate in. the town of Farmington in the county of
Hartford, with the buildings thereon standing, butted east
upon the town street, south on Litchfield road, north on land
of Mr. John Case, west upon Poquabuck River, as a pledge
and security for his, the said Bidwell's, good management as
a deputy for him, the said William Pitkin, Esq"", and that the
said Pitkin has sold the same to one Samuel Nortli, and the
deed not yet recorded ; praying for liberty to redeem the
same &c., as per petition on file ; whereupon Erastus Wol-
cott, Benjamin Payne and Jonathan Wells, Esq""', were
appointed a committee in the premises, and having made
their report &c., which report having been accepted : Re-
solved by this Assembly, that the said North shall deliver
back to said Pitkin the said deed given him by said Pitkin
unrecorded, upon his, the said Pitkin's, paying to him, the
said North, the sum of fifty pounds, lawful money, together
with the lawful interest therefor from the time he received
the same of said North to the time the same shall be paid
by said Pitkin : provided the money be paid at any time
1774.] OF CONNECTICUT. 287
witliin six months from and after the rising of this Assem-
bly ; under penalty of £300 0, L. money ; and that said
Pitkin, upon his, the said Bidwell's, paying or securing to
him the sum of two hundred and fifty pounds, lawful money,
with the lawful interest from and after the last day of March,
1770, together with two bills of cost, recovered by said Pit-
kin against said Bidwell before the superior court, within six
months from and after the rising of this Assembly, then tlie
said Pitkin shall reconvey to said Bidwell all his title to said
home-lot and buildings, and discharge the said judgments of
said superior court, and that under the penalty of three
hundred pounds, lawful money.
Upon the petition of Peter R.. Livingstone, of the City and
Province of New York, against the south society in the town
of Hartford, shewing that the standing committee of the
south ecclesiastical society in Hartford did, by special direc-
tions from said society, on the first day of June, 1765, lease
and to farm let for the space of 999 years from and after
said first of June, 1765, unto Alexander Chalker and Mary
Chalker his wife, both of said Hartford, a certain lot of land
lying in said Hartford, with a mansion house and buildings
thereon, containing three roods of land, bounded east and
north on highways, west on Aaron Bull's land, south on par-
cel of the whole lot containing four acres, whicli was then
lately given to said society by Mrs, Ann Burnham late of
said Hartford, deceased, natural mother and next of kin to
Joseph Buckingham, Esq'', late of said Hartford, deceas'd,
from whom said estate was derived, for the consideration of
<£290 0, money, for security for the payment of said sum
and the interest thereof, said Alexander and Mary executed
their mortgage deed to said committee of the leased premises
together with two other parcels or tracts of land lying in
said Hartford, viz. one piece lying in the south meadow, so
called, called Ward's Lot, containing about fourteen acres,
bounded north on Elisha Bigelow's land, east on the dead
swamp, south and west upon a creek, and the other piece
lying on the road which leads from said Hartford to Weathers-
field, containing about 12 acres, bounded east and south upon
highways, north upon Josiah Bigelow's heirs' land, and west
upon Elisha Bigelow's land ; that said Alexander in about
one year after that time failed in business and became bank-
rupt, and said society's committee entered into possession of
the leased premises by virtue of their mortgage deed ; that
the said Chalker being indebted to your petitioner about
£270 0, New York currency, had, a few days before his
288 PUBLIC RECORDS ['Vlaj,
failure, assigned over for the petitioner's benefit and for secur-
ity of said £210 said leased premises, and the petitioner
received the same being ignorant of the mortgage deed afore-
said, it not having been recorded ; praying that said com-
mittee be ordered to convey to the petitioner part of the
mortgaged premises &c., as per petition on file ; and said
society having taken back said first above described piece of
land and are therewith content for said debt and interest
except ,£22 0, on receipt of which said society are willing
to release and convey to the petitioner the rest of said mort-
gaged premises : Resolved by this Assembly, that said society
[346] by their society committee, who are || hereby fully
impowered and authorized thereto, be and they are hereby
ordered and directed, upon the petitioner's paying to said
society or their said committee said sum of £22 0, lawful
money, any time within six months from the rising of this
Assembly, to release, remise and assign to the petitioner,
within one month after such payment shall be made, all the
right and estate said society have in the several pieces of
land above described and contained in said mortgage, except
the first above described, which Avas leased to said Chalker
and wife and by said society taken back.
Upon the petition of Josiah Phelps against John Lewiss
and Charles Caldwell, preferred to the General Assembly in
May, 1773, and by sundry continuances came to the adjourned
General Assembly in January last, Colo. John Pitkin, Maj''
Elisha Williams and William Wells, Esq"", were appointed a
committee with instructions to hear and report all the equit-
able considerations why the petitioner should be relieved
from the judgment mentioned in said petition ; which com-
mittee report that they find the sum of £12 1 10, money,
only due to said Lewiss on said judgment, and that upon a
full view of the case that it is equitable that the petitioner
should be released from paying any part thereof, and that
said Caldwell should pay the same ; which report being
accepted : It is resolved by this Assembly, that said Phelps
be and he is hereby discharged from said judgment and exe-
cution and all liableness tliereon ; and said Charles Cald-
well, upo]i his paying to said Lewiss said sum of £12 1 10,
money, and the cost in said execution, be discharged from
said judgment and execution, and said Caldwell is hereby
exonerated and discharged from any liableness on said judg-
ment and execution for any further or other sum therein con-
tained than said £12 1 10 and the cost therein contained
&G.
1774.] OP CONNECTICUT. 289
Upon the petition of Silas Dean, against Joseph Forbs,
John Lawrence, Roger Newberry, Esq''% and Capt, George
Pitkin were appointed a committee to hear, examine and
report upon said petition, and said commission not having
been executed because said Forbs has been gone to sea :
Resolved by this Assembly, that John Lawrence, Roger
Newberry, Esq^s, and Capt. George Pitkin be, and they are
hereby appointed, a committee, with the same powers and
instructions as heretofore given them, to hear and make
report upon said petition to the General Assembly to be
holden at New Haven in October next.
Upon the petition of John Perkins and his children by his
late wife Sarah, one of the daughters of John Thomson of
Hebron lately deceas'd, shewing that Mary Allyn, of Windsor,
had by a suit at law ejected them from about seventy acres
of land in said Hebron, supposed to be the estate of said
Thomson and so from him descended to his son Otis Thomson
and distributed to the said Sarah as such, she being one of
the sisters and heirs of the said Otis ; also that the said John
Perkins had expended large sums in defence of said action
brought by the said Mary Allyn &g. ; praying for a committee
to examine &c. ; whereupon a committee has been appointed,
who have made report, and the same being accepted and
approved, and the petitionees have contributed and made up
to the said Perkins the several sums by him expended in
said action as mentioned in said report &c. : Resolved by this
Assembly, that the petitionees shall pay such costs as shall
be allowed in the prosecution of this petition, and that Samuel
Gilbert, Esq'', Capt. Obadiah Horsford and Capt. Edmund
Wells, all of said Hebron, be and they are hereby appointed
and fully impowered to distribute anew the estate of the said
Otis Thomson to and among the heirs of him the said Otis
and their legal representatives : that is to say, all that part
thereof that is or has been anyways affected by the recovery
of the said Mary Allyn, and make return of their doings
therein to the judge of the court of probate for the district
of East Haddam, who shall receive and enter the same, and
upon his approbation thereof it shall be deemed and remain
the only legal distribution of such estate of the said Otis
Thomson to and among his said heirs ; anything heretofore
notwithstanding. Cost taxed against petitionees as per bill on
file is .£20 8s. 8d. Ex. granted January lOtJi, 1775.
Upon the memorial of the inhabitants of the town of Hart-
land living on the west side of the river which runs from
north to south through said town, preferred to this Assembly
37
290 PUBLIC RECORDS [May,
in May last, among other things praying for liberty to erect
a meeting-house in that part of said town for the accommo-
dation of the inhabitants living there, and that a committee
might be appointed to view their situation &c. and affix a
place whereon to build said house ; on which a committee
was appointed at the adjourned Assembly in January last,
who have now made their report, that having viewed the said
[347] westerly part of said town and heard all parties || con-
cerned, they then fixed the place for the building said meeting-
house upon near the north-east corner of Eleazer Ensign's
house lot, about thirteen rods north of his dwelling-house on
the W'Cst side of the highway, and fixed a stake in the ground,
and directed that said meeting-house should be built so that
the cell thereof shall inclose said stake ; which report is
accepted, and the place therein fixed by said committee is
hereby approved of and ratified and confirmed for the place
where the meeting-house for said inhabitants living on the
w^esterly part of said town of Hartland shall be built, and
the same is ordered accordingly.
On the memorial of Jonathan Peters &c., petitionees in a
certain petition preferred to this Assembly in May, 1772, by
John Perkins &c., on which a committee hath been appointed,
who have made their report and tlie same hath been accepted
by this Assembly at tlieir present session, and a bill in form
passed thereon, in wdiich is inserted a clause allowing cost to
the petitioner, all which hath been obtained by the petitioner
without the knowledge of the petitionees, and that in case
the same is carried into execution great inconvenience and
injustice, will be done to the said petitionees; and praying
that any further proceedings thereon may be suspended until
the rising of this Assembly in October next : Resolved by
this Assembly, that all further proceedings on said petition,
report of said committee and decree of this Assembly thereon
be suspended, and the same is hereby suspended, until the
rising of this Assembly in October next, and that no execu-
tion for cost, &c. be issued.
Upon the memorial of Jacob Quitterfield and others, inhab-
itants in the first society of Colchester, praying to be made a
distinct ecclesiastical society <fec., as per memorial on file,
and said first society signifying their consent to such grant:
Resolved by this Assembly, that the memorialists, viz. Jacob
Quitterfield, Samuel Kellogg, Israel Kellogg, Benjamin Quit-
terfield, Eunice Quitterfield, widow, Daniel Isham, Martin
Wells, Simeon Wells, Nathaniel Eades, Bildad Waterman,
Gideon Chapman, Asahel Newton, Robert Ransom, Amos
1774.] OP CONNECTICUT. 291
Ransom, John Scott, Samuel Tozer, jun'', Arthur Scovill,
Israel Newton, John Newton jun', Daniel Mentor, Abner
Cliapman, Benjamin Rathburn jun'', Samuel Morgan jun'',
Daniel Loomiss, Israel Loomiss, George Dodge, Thomas
Dodge, Samuel Loomiss, Jonah Clark, Oliver Brown, Lemuel
Fitch, Nathan Culver, William Martin, Samuel Watrous,
James McCarty, John Noyes and Gideon Fox, they and their
families, be and they are hereby constituted and appointed
a distinct ecclesiastical society, with the same privileges,
powers and exemptions which other ecclesiastical societies
in this Colony by law have and enjoy, so long as they main-
'tain public worship among themselves, and shall be called
and known by the name of Antioch. Provided nevertheless,
that any of the memorialists or their families or descendants
may have liberty at any time hereafter to enter their names
with the clerk of the first society of said Colchester, and
shall thereafter be deemed to belong to and be members of
said first society.
Upon the memorial of Margaret Clark, administratrix on
the estate of Samuel Clarke late of the town of East Windsor
in Hartford county, deceas'd, shewing to this Assembly that
the debts due from the deceast together with some necessaries
set out to the widow surmount the personal estate of the
deceas'd the sum of X 86 8 4, lawful money, for the payment
of which she has nothing in her hands ; and further shewing
that the whole real estate of the deceast consists of about
four acres of land, a house, barns and shop, and that part of
said real estate cannot be sold without great loss on the
whole; praying for liberty to sell the whole of the real estate
of the deceast &c., as per memorial on file : Resolved by this
Assembly, that the memorialist have liberty, and liberty is
hereby given her, to make sale of the whole real estate of
the deceast mentioned above ; taking the direction of the
court of probate for the district of Hartford therein ; she
giving good and sufficient security to said court of probate
for the paying over to said heirs the surplus of the monies
arising by such sale.
Upon the memorial of the society of Orford by their agent,
shewing they have agreed to build a new meeting-house for
publick worship ; praying for a committee to view and affix
a place for that purpose &c., as per memorial &c. ; and a
committee having been appointed thereon, and now reported
[318] &c., and said report is accepted and || approved &c. :
Resolved by this Assembly, that the place wliereon to build
said house shall be near the middle of the first thirty-rod
292 PUBLIC RECORDS [May,
highway in said society, westwardly of the old meeting-house,
where said committee have set and affixed a stake which
shall be included within the cells of said house.
Upon the memorial of Joseph Hastings and others of Suf-
field, shewing that they were bound to the late Treasui-er of
this Colony for one Enos Lane, a late collector of the Colony
tax in said Sulfield ; that said bond rested in said Treasurer's
hands until many of their co-obligors became insolvent and
the said Enos died and also became insolvent &c. ; praying
for an abatement of interest &c. : Resolved by this Assembly,
that upon the memorialists paying or securing to be paid,
within six montbs from tlie rising of this Assembly, the
principal sum due from said Lane with the interest thereon
from the first day of June, 1774, and the cost arising on said
bond, that they be and they are hereby released and dis-
charged from said execution &c.
Upon the memorial of Elijah Wimpey, Solomon Mossuck,
Samuel Adams, and the rest of the tribe of Tunxis Indians
living in Farmington, shewing to this Assembly that upon
the invitation of the Lidians of the Six Nations to come up
and dwell with them, promising them a sufficiency of lands
for them &c., the memorialists propose to remove and pray
that Colo. John Strong, Fisher Gay, Esq"", and Mr. Elnathan
Gridley, all of Farmington, may be a|)pointed a committee
to oversee and direct them in the sale of iheir lands in this
Colony &c., as per memorial on file : Resolved by this Assem-
bly, that Colo. John Strong, Fisher Gay, Esq"", and Mr. Elna-
than Gridley, all of Farmington, be and they are hereby
appointed a committee to oversee, direct and inspect the
memorialists in the sale of their lands ; and all sales of lands
made by the memorialists by and with the consent and
approbation of said committee, or any two of them, indorsed
on said conveyances and signed by said committee, or any
two of them, shall be effectual in tlie law for passing the
said Indians' title to said lands to the purchasers : saving
always the right of the New Haven tribe of Indians to any
of said lands ; and such deeds being acknowledged by the
grantors and duly recorded may be given in evidence of such
title in any court in this Colony.
Upon the memorial of Samuel Clark, pastor of the late
parish of Kensington, shewing that his temporal interest is
affected by ihe late division of said parish &c. ; praying for
a compensation to be made him &c., as per memorial &g. ;
whereupon a committee was appointed to consider and report
thereon <fec. ; and said committee having reported that the
1T74.] OP CONNECTICUT. 293
said Samuel liatli no right to damages from said societies of
Kensington or Wortliington &c., which report is accepted and
approved &c. : Resolved by this Assembly, that the said
Samnel Clark have and do take nothing by his petition or
memorial, and that the said societies be thereof exonerate
and discharged.
Upon the memorial of the selectmen and other inhabitants
of the town of New London, shewing to this Assembly that
whereas said town is in arrear to the Colony treasury in the
following sums on the following rates, namely, on the rate in
1770, the sum of £228 11 8, lawful money, in the year 1771,
£247 12 8, also in the year 1772, the sum of £159 16 8,
lawful money, amounting in the whole to the sum of £636 1
0, lawful money, principal, for which several balajices execu-
tions have gone out in the name of the Colony Treasurer
against said town, which balances are in hands of collectors,
and said town are pursuing and taking all reasonable
measures to collect the same; praying that said executions
may be suspended until the sessions of this Assembly in May
next, as per memorial on file: Resolved by this Assembly,
that the Colony Treasurer be directed, and he is hereby
oi'dered and directed, to suspend said executions, and that
nothing further be done thereon until the sessions of this
Assembly in May next.
[349] Upon the memorial of Charles Burrall and the rest
of the selectmen of the town of Canaan in this Colony,
shewing to this Assembly that said town, by their agent,
Tarball Whitney, specially appointed thereto, gave their bond
to the Treasurer of this Colony for the sum of £214 9 9,
lawful money, dated November 28th, 1771, and that there
hath been paid £48 9 11, lawful money, thereon, being more
than the interest on said bond to this time ; praying for fur-
ther time of payment of said bond, as per memorial on file :
Resolved by this Assembly, that the Treasurer of this Colony
be directed, and he is hereby directed, not to put said bond
in suit against said town till after the first day of June, 1775.
Upon the memorial of Phineas Beardslee &c., school-com-
mittee of New Fairfield, shewing to this Assembly that the
listers of said town undercast the list sent to this Assembly
in October last, by mistake, the sum of £983 18 3, whereby
they lost the benefit of the school money arising on said sum,
amounting to £1 19 4; praying for relief &c., as per memo-
rial on file : Resolved by this Assembly, that the Treasurer
of this Colony pay out of the publick treasury to the memo-
294: PUBLIC RECORDS D^^Jj
rialists for the use of the schools in New Fairfield the sum
of £1 19 4.
Upon the memorial of Nehemiah Estabrook and Experience
Storrs, shewing to this Assembly that in December, 1770,
they gave a bond payable to the Treasurer of the Colony of
X232 2 3, lawful money, with interest thereon, for the arrear-
age of a Colony rate due from the inhabitants of the town of
Mansfield ; that they having paid X165 12 3 on said bond,
there still remaining <£66 9 11 due with the interest on said
bond, the payment of which depending on the sale of said
constable's lands ; praying the Treasurer of said Colony may
be directed to suspend the putting said bond in suit until the
first day of June, 1775 : Resolved by this Assembly, that the
Treasurer of said Colony be and he is hereby directed to
forbear putting said bond in suit until said first day of June,
1775.
On the memorial of the selectmen of the town of Enfield,
representing to this Assembly that the collector of the Colony
rate for the year 1772 had failed of making payment to the
Treasurer to the amount of £59 17 2i, lawful money, and
that said selectmen had taken the land of said collector for
security ; praying that execution might be suspended for the
space of one year on the said selectmen's giving proper
security for the payment of said sum with the lawful interest
to the Treasurer of this Colony &c., &c., as per memorial on
file: Resolved by this Assembly, that the memorialists be
granted, and it is hereby granted to the said selectmen of
Enfield, that on their giving good security to the Treasurer of
this Colony for the payment of the sum of <£59 17 2J, with
the lawful interest of said sum, the said Treasurer is hereby
directed to suspend execution for the space of one year from
the date of or until the second Thursday of May, 1775,
Upon the memorial of the inhabitants of the town of Col-
chester, representing to this Assembly that whereas this
Assembly in their sessions in May last granted liberty
for said town to set up and have drawn a lottery, and re-
stricted the drawing thereof to the term of one year from
the rising of said Assembly, which time is nearly expired,
and that they cannot compleat the drawing said lottery with-
in the time limited ; praying this Assembly to extend' the
aforesaid limitation to the 20th day of June next <fec., as per
memorial on file: This Assembly do grant, and liberty is
hereby granted to said town, to extend the compleating the
drawing said lottery till the 20th day of June next.
1774.] OF CONNECTICUT. 295
Upon tlie memorial of Richard Smith &c., preferred to the
General Assembly, praying for a higlivvay to be laid out, to
depart from the old road between the dwelling-house of Jona-
than Merrells of New Hartford and the west bounds of
Barkhemsted, from thence by the iron-works of said Richard,
and to meet with the old road by the dwelling-house of
Joseph Rockwell in Colebrook &g. ; Elizur Talcott, William
Wells and Daniel Skinner were appointed a committee &c.
to lay and stake out said highway, if the same is found by
them to be necessary; and said committee report that said
highway is necessary, and accordingly surveyed and staked
the same out, as particularly described in said report; which
[350] report on some || objections made thereto was con-
tinued to this Assembly, and James Wadsworth jun'", Philip
B. Bradley Esq^s, and Capt. Seth Wright were appointed a
committee to review said new road &c., who report in favour
of said road, and thereupon the report of . said Talcott, Wells
and Skinner is accepted by this Assembly, as per report on
file : Resolved by this Assembly, that said new highway, sur-
veyed and described in said report, be and the same is hereby
established to be an open publick highway as described in
said report, and the same is hereby ordered to be recorded in
the town records of the towns of New Hartford, Barkhem-
sted and Colebrook, and the same shall be the evidence of
the same being a publick highway.
Upon the memorial of Solomon Bill, of Midletown in Hart-
ford county, shewing that he is confined in goal in Hartford
in said county, pursuant to a sentence of the superior court
holden at Hartford by adjournment in December, 1773, there
to remain until he pay a fine to the Treasurer of the Colony
of Connecticut of X20 0, lawful money, and the cost of
the prosecution before said court, for the crime of uttering
and passing base, false and counterfeit money, of which he
was convicted; that he is poor and unable to pay anything,
and that he is distressed with sickness occasioned by ten
months imprisonment, as per petition on file ; praying to be
released from his confinement &g., as per petition on file :
Resolved by this Assembly, that the sheriff of the county of
Hartford be and he is hereby directed and ordered, to take
the said Bill's bond payable to the Treasurer of the Colony
of Connecticut for said sum of twenty pounds for the fine
aforesaid, and also for tlie whole amount of the cost which
hath arisen against said Bill in consequence of said prosecu-
tion and imprisonment, and that thereupon said Bill be re-
leased from his present confinement and set at liberty.
296 PUBLIC RECORDS [Maj,
Upon the memorial of Return Jonathan Meigs, and others
of Midletown living within the limits of the second company
in the sixth regiment of militia in this Colony, shewing that
they with others have formed themselves into an artillery,
and have with great pains and expence for two years past
endeavoured to advance and improve themselves in military
skill and exercises, and praying that they might be made a
distinct military company &c., as per memorial on file :
Resolved by this Assembly^ That said memorialists be and they
are hereby made and constituted a distinct military company,
distinguished by the name of the company of Light Infantry
in the sixth regiment of militia in this Colony, and shall have
and enjoy all the powers, privileges and immunities that
other military companies within this Colony are invested
with, and likewise shall do and perform the duties and ser-
vices by law enjoined on other companies of militia ; that
they shall be subject to the command of the colonel or other
chief officer of said sixth regiment ; that said company have
liberty by voluntary inlistments out of said second company
and the neighbouring companies of militia in said Midle-
town, to compleat their number to the amount of sixty
effective men, rank and file, exclusive of officers ; that said
company of light infantry shall have power by their major
vote to nominate and appoint days and times of meeting for
training and military exercise over and above the days and
times already limited and appointed by law for that purpose,
.and to affix and set fines and penalty on such soldiers as shall
neglect to attend at such days and times of training and ex-
ercise, and the same by warrant from the commission officers
of said company to levy and collect : ])rovided such fines and
penalties do not exceed the sums by law inflicted for the like
offences in the other militia companies in this Colony. And
that there shall be a captain, lieutenant and ensign in said
company, chosen from time to time as there may be occasion
by the major vote of the officers and soldiers of said com-
pany present, all the officers and soldiers of said company
having first had three days notice to meet for that purpose,
who being allowed and established by this Assembly shall be
commissioned as the like officers in other militia companies
are commissioned. And that the colonel or chief officer of
said sixth regiment shall lead them to the choice of their
first captain, lieutenant and ensign, and make return of such
choice when made to this Assembly for their allowance and
approbation.
1774.] OF CONNECTICUT. 297
[351] Whereas upon the memorial of Richard Smith and
others preferred to this Assembly in May, 1771, praying that
a highway might be laid out, as therein is mentioned and
described, and in January, 1774, Messrs. James Wadsworth
jun"", Esq', Andrew Ward and Miles Murwin were appointed
a committee to view, examine, &c., as per their appointment
on file may appear, and said Ward and Murwin not being
able to attend said service : 'Tis therefore resolved by this
Assembly, that James Wadsworth jun^, Esq^, Colo. Philip
Burr Bradley and Capt. Seth Wright be and they are hereby
appointed a committee with the same powers and instructions
as the said former committee had.
Upon the memorial of Capt. Samuel Wyllys, &c., shewing
to this Assembly that the guard appointed to wait upon and
guard his Honor the Governor &c., upon election days had
expended for their decent and comfortable entertainment on
past election days seven pounds twelve shillings and five
pence, money, in the whole more than the provision made
for them by government ; also shewing that the sum hereto-
fore ordered for them is not sufficient; praying to be allowed
said £1 12 5, and also praying for an addition to be made to
the sum heretofore ordered for the purpose aforesaid, as per
memorial on file : Resolved and ordered by this Assembly,
that the Treasurer of this Colony pay to said Capt. Wyllys for
the use of said guard the sum of seven pounds twelve shil-
lings and five pence, money, and that for the future said
guard shall be allowed and paid for their expence and enter-
tainment on election days twenty pounds, lawful money,
annually for the use of said company, to be divided in man-
ner and proportion as was heretofore ordered in said former
grant.
Upon the memorial of Zachery Johnson, Simon Joyjoy and
the rest of the tribe of Mohegan Indians, so called, shewing
to this Assembly that whereas since the death of their late
sachem, Ben Uncas, said tribe have remained in an unsettled
state, and that many difficulties and disputes have arisen
among them, both with regard to their internal policy and
also with regard to the possession and improvement of their
lands and the distribution of their rents &c., and that many
interlopers from other tribes and stragling Indians and mo-
lattoes have crouded themselves in upon said lands, which
has occasioned much uneasiness &c. ; praying this Assembly
to appoint a judicious committee to examine into the matters
aforesaid &c., as per memorial on file : Resolved by this
Assembly, that Jabez Hamlin, Jabez Huntington and Joseph
38
298 PUBLIC RECORDS [M^ajj
Spencer, Esq''^, be and they are hereby appointed a committee
to examine into the matters aforesaid, and to make their
report thereon to this Assembly at their sessions in October
next.
On the memorial of Bulier Bulkley of Fairfield, administra-
trix on the estate of Samuel Bulkley late of said Fairfield,
deceased, shewing- to this Assembly that the debts and
charges allowed by the court of probate for the district of
Fairfield against the estate of said deceased, with a small
allowance to the widow, surmount the inventoried moveable
estate of said deceased the sum of <£110 15s. lOid. ; praying
for liberty to sell land, as per memorial on file : Resolved by
this Assembly, that the memorialist be and she is hereby
impowered, to sell so much of the land or real estate of the
deceased Samuel Bulkley as shall be sufficient to pay said
sum of .£110 15 10, lawful money, with the incident charge
arising on such sale ; taking the direction of the court of
probate for the district of Fairfield therein.
Upon the memorial of William Sloan of Redding, shewing
to this Assembly that he prosecuted the well known Richard
Steel upon a complaint in his own name for a certain burglary
until he was committed to Fairfield county goal for tryal in
February last, and that he expejided £1 7 5 in that prosecu-
tion, which has not been allowed to him in the taxing the
bill of cost against said Steel ; praying for relief &c., as per
memorial on file, dated 4th May, 1774, appears : Resolved by
this Assembly, that the memorialist shall be allowed out of
the publick treasury of this Colony the sum of four pounds,
lawful money, for his said expences ; and the Treasurer of
this Colony is hereby ordered to pay the same accordingly.
[352] On the memorial of Samuel Lacy and Deborah Lacy,
both of Fairfield, administrators on the estate of Edward Lacy
late of said Fairfield, deceas'd, shewing to this Assembly that
the del)ts and charges that appear, since the act of this
Assembly allowing said administrators liberty to sell the
lands of said deceas'd, to be due from said estate and which
have been exhibited to and allowed by the court of probate
for the district of Fairfield, amount to the sum of <£54 14 0,
L. money, more than his moveable estate ; praying for libei'ty
to sell so much more of the lands of the said deceas'd as
shall be sufficient to pay the sum aforesaid with the incident
charges arising on such sale, as per memorial on file :
Resolved by this Assembly, that the memorialists be and
they are hereby impowered, to sell so much more of the real
estate of Edward Lacy, deceas'd, as shall be sufficient to pay
1774.] OF CONNECTICUT. 299
said sum of £54 14 0, L. money, with the incident charges
arising on such sale ; taking the direction of the court of
probate for the district of Fairfield therein.
Upon the memorial of Nathaniel Wales the third, of Wind-
ham in Windham county, conservator of the persons and
estates of Joseph Decker and John Decker of said Windham,
shewing to this Assembly that tlie said John and Joseph are
indebted to sundry persons in the sum of X31 1 2, lawful
money, and that said Deckers have no personal estate to sat-
isfy said debts ; praying that the memorialist, or some other
person, may be appointed and impowered to sell so much of
the real estate of said Joseph and John as will raise said sum
and the incident charges of sale, as per memorial on file :
Resolved by this Assembly, that the memorialist have liberty,
and liberty and authority is hereby granted to him, to sell so
much of the real estate of said Joseph and John as shall be
sufficient to pay their respective parts of said sums and the
incident charges of said sale, and make return of his doing
in the premises to the county court in said Windham county.
On the memorial of Amos Hinman and Betty Hurd, admin-
istrators of the estate of Benajah Hurd late of Stratford,
deceas'd, shewing to this Assembly that the debts and
charges exhibited to and allowed by the court of probate for
the district of Fairfield surmount the inventoried moveable
estate of said deceas'd the sum of X78 14 2; praying for
liberty sell land, as per memorial on file : Resolved by this
Assembly, that the memorialists be and they are hereby im-
powered to sell so much of the land or real estate of the said
deceas'd Benajah Hurd as shall be sufficient to pay said sum
of X78 14 2, lawful money, with the incident charges arising
on such sale ; taking the direction of the court of probate in
the district of Fairfield therein.
On the memorial of Ichabod Lewiss and Abigail Mills of
Stratford, administrators on the estate of Capt. Treat Mills
late of said Stratford, deceas'd, shewing to this Assembly
that the debts and charges exhibited to and allowed by the
court of probate for the district of Fairfield against the estate
of said Capt. Mills, with a small allowance to the widow, sur-
mount the inventoried moveable estate of the said deceased
the sum of £453 9 9^; praying for liberty to sell land &c.,
as per memorial on file : Resolved by this Assembly, that the
memorialists be and they are hereby authorized and impow-
ered to sell so much of the real estate of the deceased Capt.
Treat Mills as shall be sufficient to pay said sum of <£453 9 9i,
lawful money, with the incident charges arising on such sale ;
300 PUBLIC RECORDS [^^ajj
taking the directions of the court of probate in the district of
Fairfield therein.
On the memorial of Abigail Clark and David Clark, execu-
tors of the last will of David Clark late of Stratford, deceas'd,
shewing to this Assembly that the debts and charges allowed
by the court of probate for the district of Fairfield surmount
the inventoried moveable estate of said deceas'd the sum of
<£29 19 6 ; praying for liberty to sell land, as per memorial
on file : Resolved by this Assembly, that the memorialists be
[353] and they are hereby || impowered to sell so much of
the land or real estate of said deceas'd as shall be sufficient
to pay said sum of i^29 19 6, lawful money, with the incident
cliarges arising on such sale ; taking the direction of the
court of probate in the district of Fairfield therein.
On the memorial of the inhabitants of the town of Somers,
by Emery Pease, Esq"", their agent, and of the ecclesiastical
society in said Somers constituted by an act of the General
Assembly held at New Haven in October, 1771, by their
agents Emery Pease and Reuben Sikes, Esq'"% shewing that
difficulties have subsisted in said town some years past by
reason of their differing opinions concerning ecclesiastical
discipline, of which Samuel Reynolds, Esq'', and others by
their memorial complained to the General Assembly, and
that said Assembly at New Haven' on the • second Thursday
of October, 1771, on said memorial of said Reynolds and
others did enact and decree, that said memorialists and their
adherents and such as thereafter should return and unite
with them should be the only ecclesiastical society in said
Somers with certain powers and privileges, as by the records
of said Assembly in October, 1771, appears ; and also, that
since that time said difficulties and dissentions, by the
removal of the Rev^ Mr. Ely, are composed, and said town
and society are again united in sentiment and worship, and
have called and agreed to settle an orthodox minister in the
work of the ministry over the whole of said town and society ;
that doubts have arose, whether said town and society can
unite and act as one body whilst said act and decree of the
General Assembly in October, 1771, subsists and is in force ;
praying said act may be repealed &c., as per memorial on
file : Resolved by this Assembly, that the aforesaid act and
decree of the General Assembly held at New Haven in Octo-
ber, 1771, passed on the memorial of Samuel Reynolds, Esq"",
and others, he and the same is hereby repealed and made
null and void in every clause and article thereof ; and that
the acts and doings of said town and society in calling a min-
1774.] OP CONNECTICUT. 301
ister and their agreements with him and other steps thereto
relatino- shall be ratifyed, confirmed and held valid. Pro-
vided, that said society shall have power and authority to
perfect and finish such matters as they have begun to
act upon under said decree, and also to settle and close their
accounts that have arisen since said decree was passed and
remain unsettled.
Upon the memorial of Joseph Ferris, of New Milford in
Litchfield county, administrator on the estate of David Beebe
late of said New Milford, deceas'd, shewing to this Assembly
that the debts &c. allowed against said estate surmount the
personal estate of said deceas'd the sum of .£3 1 5, lawful
money, and praying to be impowered to sell land &c., as per
memorial on file : Resolved by this Assembly, that said
memorialist be impowered, and he is hereby impowered, to
sell real estate of the said deceas'd to raise said sum of X3
1 5, lawful money, with the incident charges of sale ; taking
directions of the court of probate in the district of Woodbury
therein.
Upon the memorial of Joseph Moore, Micali Miller and
others, subscribers thereunto, shewing that they are settled
upon a tract of land lying south of the jurisdiction line
l^etween this Colony and the Province of the Massaclmsets
Bay, opposite to the town of Westfield on the north and the
town of Suffield on the east and south, and the town of Syms-
bury on the west and south ; that said lands are Avell within
the antient bounds of this Colony, and ought to be so owned
and acknowledged ; praying to be annexed &c.,as per memo-
rial &c.: Resolved by this Assembly, that all the inhabitants
living on said lands south of the line fixed by the Massaclm-
sets charter are within and have right to all the privileges of
this Colony ; and that all the said lands with the said inhabi-
tants thereon, viz. that part thereof bounding east and south
upon the said town of Suffield, shall and the same are hereby
annexed to the said town of Suffield, and to the west or
second society in said town of Suffield ; and that such part of
said lands and the inhabitants thereon that are situate and
bound south and west upon the said town of Svmsbury shall
and the same are hereby annexed to the said town of Syms-
bury, and to the society of Salmon Brook in said town of
Symsbury ; and that they shall all be entituled to the same
privileges within the same that tlie other inhabitants in the
rest of the towns and societies in the Colony have and do
enjoy by law.
302 PUBLIC RECORDS [May,
Upon the memorial of George Gorham of Dei-bv, sliew-
iiig to this Assembly that the ferry across Stratford River iit
a place called the Narrows, at the southerly end of the town-
sliip of said Derby, is much used by travellers and beneficial
[354] to the || publick, and that John Stevens that lately
kept said ferry is dead, and no person by law having any
right to keep the same ; praying for liberty to keep said
ferry, as per memorial on file : Resolved by this Asseml)ly,
that said George Gorham have liberty to keep said ferry dur-
ing the pleasure of this Assembly, he taking the usual and
customary fees therefor as stated by law.
Upon the memorial of Peter Johnson, of Derby in the
county of New Haven, conservator over the person and estate
of Timothy Johnson of said Derby, shewing to this Assembly
that having exhibited to the county court, held at New
Haven in said county on the first Tuesday of April last, an
inventory of the improvements of the estate of said Timothy
and also of the debts due from the said Timothy, and on the
adjustment of said accounts there remains a balance due
from the estate of the said Timothy to the amount of X127
17 6, lawful money ; praying liberty to sell the lands of said
Timothy to raise said sum &c.: Resolved by this Assembly,
that the said Peter Johnson have liberty and he is hereby
impowered, to sell so much of the lands of the said Timothy
Johnson as to raise said sum of £121 17 6, lawful money,
and the incident charges thereon arising.
Upon the memorial of William Morgan of Groton, shewing
to this Assembly that he gave bond to the Colony Treasurer
for the arrears due to the Colony from Oliver Wood bridge,
collector of the Colony rate for the town of Groton in the
year 1762, and that he has paid the greatest part of the sums
due ; praying for further time to pay the balance : Resolved
by this Assembly, that the Colony Treasurer be and he is
hereby directed to forbear putting said bond in suit until the
rising of this Assembly in May next.
Upon the memorial of Mathew Talcott and Richard Alsop,
executors on the last will and testament of Abner Ely late
of Midletown,deceas'd, shewing to this Assembly that the
debts and charges against said estate exhibited and allowed
amounteth to the sum of X133 3 2f more than all the mov^e-
able estate of said deceas'd, and praying for liberty to sell
land &c., as per memorial on file : Resolved by this Assem-
bly, that the said Mathew Talcott and Richard Alsop have
liberty and they are hereby impowered, to make sale of so
much of the lands of the said Abner Ely, deceas'd, as to
1774.] OF CONNECTICUT. 303
make the sum of £133 3 2|, lawful money, with the inci-
dent charges arising thereon ; taking the direction of the
court of probate for the district of Midletown therein.
Upon the memorial of Daniel Fish and others, against the
first society of ^tonington, a committee have b( en appointed
and have made report, and it aj)pearing that the authority
and power given said committee was not sufficiently exten-
sive to enable them in the best manner to answer the ends of
said appointment, and on motion of the petitionees said
report is set aside : And it is thereupon resolved by this As-
sembly, that William Hillhouse, Robert Crary and Samuel
Stewart, Esqi'^the former committee, be and they are hereby
reappointed a committee, and are hereby fully impowered to
enquire into all the matters alledg'd in said petition, and to
take into consideration the present state of said society, and
whether a division of said society be proper, and if so found
in what manner ; also the state of the inhabitants at the
point and harbour, and consider whether it be proper for
tliem to have a place allowed for divine service, and to assign
a place for building if thought necessary ; and to take into
consideration the whole state and circumstances of said
society since and before the union, and the several votes and.
agreements of said society and the parts thereof before and.
since the union and the several votes of said society since the
union and the two former societies before the union, so far
as regards the Rev*^ Mr. Eells their pastor, the conduct and
votes of said society since the union, so far as regards the
[355] jl peace and welfare of said society, and to call before
them any person or persons which said committee shall find
necessary for the purposes aforesaid ; and in general, to en-
quire into and report make of everything they shall find for
the best good of the society or any part thereof ; and of what
they find with their opinion to report to the next Assembly,
Upon the memorial of John Allen jun'' of Groton, shewing
to this Assembly that the ferry across New London River at
a place called Hurlburt's Ferry has long been neglected by
those to whom the former grants have been made, and the
owners of the lands there and who have formerly tended said
ferry are removed ; praying liberty to set up a ferry there
&c., as per memorial on file : Resolved by this Assembly,
that the memorialist have liberty, and he is hereby impow-
ered, to keep a ferry across said river at tlie place abovemen-
tioned during the pleasure of this Assembly, under the same
orders and regulations as other ferries by law are under ;
804 PUBLIC records' [M'ay,
taking; the fare for travellers as is already provided by law
for passing said ferry.
Upon the memorial of Aaron Pease of Enfield, collector of
the Colony tax in said town in the year 1758,' shewing to this
Assembly that execution hath been issued against him by
the Treasurer for the sum of <£4 13 9, lawful money, sup-
posed to be still due on said rate, which the memorialist hath
fully paid and is able to evince to this Assembly, and praying
for relief, as per memorial on file : Resolved by this Assem-
bly, that the said Aaron Pease be exonerated and fully dis-
charged from the said sum of four pounds thirteen shillings
and nine pence, lawful money ; and the Treasurer of the
Colony is hereby directed to credit the memorialist said sum.
Upon the memorial of Rebeccah Jennings of Fairfield,
shewing to this Assembly that her late husband Ebenezer
Jennings, late of Fairfield, deceas'd, in and by his last will
and testament, dated 8th June, 1763, ordered and directed
that his said wife might and should from time to time sell
and dispose of so much of his real estate as should be nec-
essary for her comfortable support, with the allowance and
approbation of the Rev^ Mr. Noah Hobart, then in full life,
and that said Mr. Hobart after the death of said Ebenezer
refused to accept said trust, and that Theophilus Nichols,
Esq'', at the General Assembly holden at Hartford on the
second Thursday of May, 1769, was appointed and impowered
to execute and perform the trust in said will committed to
said Mr. Hobart, and that since that time both the said Mr.
Hobart and said Theophilus Nichols, Esq"", are dead ; pray-
ing that some proper person may be appointed to execute
said trust, &c., as per memorial on file, dated second May,
1774, appears: Resolved by this Assembly, that Samuel
Adams of Stratford, Esq^, be and he is hereby appointed,
fully authorized and impowered, to execute, perform and ful-
fill the trust and authority in said will at first given and
devised to said Mr. Noah Hobart, in as full and ample man-
ner as the said Mr. Hobart might or could have done before
his said refusal ; and that any deed or deeds that shall be
executed by said Adams and the memorialist for transferring
and conveying any of the real estate of said deceased Ebenezer
Jennings shall be good and effectual in the law as they would
or could have been if executed by the memorialist and said
Mr. Hobart in his life time ; he, the said Adams, and the
memorialist taking the direction of the court of probate in
the district of Fairfield in any such sale or transfer.
1774.] OF CONNECTICUT. 305
Upon the memorial of Phineas Bradley of New Haven,
conservator of the person and estate of Ephraim Morriss,
representing that the debts due from the estate of said
Morriss and the charge of supporting him the two years past
amounted to £81 12 7, and that the moveable estate and
improvement of the real estate amounted unto the sum of
£42 6, so that there remains due <£39 12 1 ; praying for
liberty to sell of the real estate of said Morriss sufficient to
pay said sum of X39 12 1, as per the memorial on file
appears : Resolved by this Assembly, that the memorialist
have liberty, and liberty and authority is hereby granted
unto him, to sell so much of the real estate of said Morriss
as shall be sufficient to pay said sum of £39 12 1, together
with the incident charge of such sale, and make return of
his doings to the county court in the county of New Haven.
[356] Upon the memorial of Elizabeth Atwater, adminis-
tratrix upon the estate of James Atwater late of New Haven,
deceas'd, representing that the debts and charges due from
the estate of said deceas'd surmount the moveable part of
said estate the sum of £27 4 2 ; praying for liberty to sell
so much of the real estate of said deceas'd as shall be suffi-
cient to pay said sum together with the incident charge of
such sale, as per memorial on file appears : Resolved by this
Assembly, that the memorialist have liberty, and liberty and
authority is hereby granted unto her, to sell so much of the
real estate of said deceas'd as shall be sufificient to pay said
sum of £27 4 2, lawful money, together with the incident
charge of sale ; taking the direction of the court of probate
for the district of New Haven therein.
Upon the memorial of Samuel Beard of Stratford, con-
servator over the person and estate of Joseph Tomlinson of
said Stratford, representing to this Assembly that having
exhibited to the county court in said Fairfield, April last,
an inventory of the estate of the said Tomlinson, and also
an account of the debts due from the said Joseph Tomlinson,
and the same being adjusted by said county court there
remains due from said Tomlinson, over and above the move-
able estate of the said Tomlinson, the sum of £283 17 3,
lawful money ; praying for liberty to sell so much land of
the said Tomlinson as to raise said sum &c. : Resolved by
this Assembly, that the said Samuel Beard and Stephen
Tomlinson have liberty and they are hereby impowered, to
sell so much of the real estate of the said Joseph Tomlinson
as to raise said sum of £283 17 3, lawful money, together
with the incident charges thereon arising.
39
306 PUBLIC RECORDS [May,
Upon the memorial of the selectmen of the town of Nor-
wich, shewing to this Assembly that the selectmen of said
Norwich are indebted to the Treasurer of this Colony by
bond and are in a way to discharge the same without much
delay ; praying that the Treasurer may be ordered to forbear
putting said bond in suit till the first day of June 1775, as
per memorial on file : Resolved by this Assembly, that said
bond shall not be put in suit until tlie first day of June 1775;
and the Treasurer of this Colony is hereby directed to for-
bear putting said bond in suit till that time accordingly.
Upon the memorial of Anne Montague of Weathersfield,
administratrix on the estate of John Montague late of said
Weathersfield, shewing that the debts and charges allowed
against said estate surmount the moveable estate the sum of
£53 17 9, lawful money, and praying for liberty to make
sale of so much of the real estate of said deceas'd as will
raise said sum with incident charges &c., as per memorial
on file : Resolved by this Assembly, that Capt. John Robbins
of said Weathersfield have liberty, and liberty and authorit}'
is hereby granted to said Robbins, to sell so much of the real
estate of said deceas'd as Avill raise the aforesaid sum with
incident charges of sale, and to pay said sum when received
to said Anne, to be applied to the payment of the debts of
said deceas'd ; taking the direction of the judge of probate
for the district of Hartford therein.
Upon the memorial of John Edgerton jun'', of Norwich in
New London county, administrator on the estate of Peter
Edgerton late of said Norwich, deceas'd, shewing to this
Assembly that the debts and charges against said estate sur-
mount the moveable part of said estate the sum of £29 19 8,
lawful money ; praying for liberty to sell so much of the real
estate of said deceas'd as to raise said sum, as per memorial
on file : Resolved by this Assembly, that said administrator
be impowered, and he is hereby impowered, to sell so much
of the real estate of said Peter Edgerton, deceas'd, as to raise
said sum of £29 19 8, with incident charges of sale ; taking
the direction of the court of probate in the district of Norwich
therein.
[357] On the memorial of James Hazleton, of Haddam in
the county of Hartford, executor on the last will and testa-
ment of Elizabeth Clark late of Haddam, deceas'd, shewing
to this Assembly that the debts of said deceas'd surmount
the moveable part of the estate £38 17 2^, and thereupon
praying for liberty to sell land for payment tliereof, there
being no provision made by said testator for that purpose, as
1774.] OP CONNECTICUT. 307
per memorial &c. : Resolved by this Assembly, that the
memorialist have liberty, and authority is hereby granted
unto him, to sell so much of the real estate of the said
deceas'd as will procure the aforesaid sum of £.d8 17 2i,
together with the incident charges arising on such sale;
taking the direction of the court of probate in the district of
Midletown therein ; and to pass deed or deeds accordingly.
Upon the memorial of Joseph Tale, administrator on the
estate of Solomon Yale, late of Harwington in the district of
Litchfield, deceas'd, shewing to this Assembly that the debts
exhibited to and allowed by the court of probate for said dis-
trict, including a small allowance to the widow &c., surmount
the moveable inventoried estate of said deceas'd X38 10 10 ;
praying for liberty to sell so much of the real estate of said
deceas'd as will be sufficient to satisfy said debts &c., as per
memorial on file : Resolved by this Assembly, that liberty
and authority is hereby granted to said memorialist, to sell
so much of the real estate of said deceas'd as will be sufficient.
to raise said sum of £38 10 10, money, with the incident
charges arising on such sale ; taking the direction of the
court of probate for the district of Litchfield therein.
Upon the memorial of Martha Reynolds of Somers, admin-
istratrix on the estate of Samuel Reynolds, Esq'", late of said
Somers, deceas'd. shewing to this Assembly that said Samuel
owned about one acre and three quarters of laud lying in
common and undivided with lands belonging to the heirs of
Jacob Kibbee late of said Somers, deceas'd, which whole
tract is bounded east by Scantic River, southerly on William
"Wallis's land, west on the highway leading to Thomas Pur-
chase's house, and northerly on Silas Blodget's land, and
extending eastwardly to said Scantic River, and had sold
said land to Daniel Wood jun^ and agreed to give a deed
thereof, and had received the purchase monies &c., but died
before a deed was made ; praying to be impowered to give a
deed &c. : Resolved by this Assembly, that the memorialist
be and she is hereby impowered. to execute a deed of said
Samuel deceas'd his right in said lands to said Wood : and
such deed so executed shall be as effectual to the pui-poses
of conveying the title of said lands to said Wood as if said
Samuel had executed a deed thereof in his life time.
Upon the memorial of Josiah Hurlbut of Canaan, shewing
to this Assembly that he being a collector of the Colony rate
for said town of Canaan in the year 1764. did in due season
for want of estate commit to the keeper of the goal in Litch-
field one Benjamin Phelps of said town, whose proportion of
308 PUBLIC RECORDS [May,
assessment was X3 3 10, lawful money, and his just and
lawful fees thereon £1 5 0, like money; praying this Assem-
bly to order and direct the Treasurer of the Colony to enter
to his credit the aforesaid sums, being £4 8 10 in the whole :
Resolved by this Assembly, that the said Treasurer be di-
rected, and he is hereby directed, to credit the said Hurlburt
on the rate aforementioned the said sum of £4 8 10, lawful
money, as paid in due season.
Upon the memorial of Orchard Guy, of Branford in New
Haven county, executor of the last will of Orchard Guy late
of said Branford, deceas'd, representing that the debts and
charges due from the estate of said deceas'd surmount his
moveable estate ,£226 18 7, lawful money, for payment
whereof no provision is made in said last will ; praying for
liberty to sell lands : Resolved, that the memorialist have
liberty, and the same is hereby granted him, to sell lands of
the said deceased to the amount of said sum of £226 18 7,
lawful money, and the incident charges ; taking the direction
of the judge of probate in the district of Guilford ; and said
memorialist is hereby impowered and authorized to make
deeds of conveyance thereof.
Upon the memorial of Timothy Sabin and others, inhab-
itants of the towns of Pomfret, Woodstock and Killingly, in
the county of Windham, shewing that with great pains,
trouble and expence, some of the inhabitants of said towns
have endeavoured to improve themselves in military skill
and exercises, and praying that a company of Grenadiers be
constituted and erected &c., as per memorial on file,
[358] Resolved hy this Assembly, That || there be and
there is hereby constituted, erected and made, a distinct
military company of grenadiers, to be formed out of the
inhabitants of said three towns and to consist of sixty effect-
ive men, rank and file, exclusive of officers, and shall be
distinguished by the name of the Company of Grenadiers in
the eleventh regiment of militia in this Colony, and shall
have and enjoy all the powers, privileges and immunities
that other military companies within this Colony are invested
with, and likewise shall do and perform the duties and ser-
vices by law enjoined on other companies of militia. That
they shall be subject to the command of the colonel or other
chief officer of said eleventh regiment. That said company
have liberty to be formed by voluntary inlistments out of the
several companies of militia in said three towns, to compleat
their number to sixty effective men, rank and file, exclusive
of officers. That said company of grenadiers have liberty by
1774.] OF CONNECTICUT. 309
their major vote to nominate their officers and appoint their
days and times and places of meeting for military exercises
over and above those already by law ordered, and be subject
to the same penalties for non-attendance on military exer-
cises or any breach of duty as other soldiers and companies
of militia in the Colony are by law liable unto. That there
shall be a captain, lieutenant and ensign in said company,
chosen from time to time as there may be occasion by the
vote of the officers and soldiers of said company present, all
the officers and soldiers of said company having first had
three days notice to meet for that purpose, who being allowed
and established by this Assembly shall be commissioned as
the officers of other military companies are commissioned ;
and the colonel or other chief officer of said regiment is
hereby impowered and directed, by himself or such officer as
he shall appoint, to lead said company to the choice of their
officers on their being first formed and inlisted.
An Act for the Naturalization of Francis Forgue, for confirming the Pur-
chases of Real Estate by him made and rendering his Issue
capable of inheriting.
Whereas Francis Forgue, a native of Toulouse in the King-
dom of France, now of Fairfield, hath by his petition pre-
ferred to this Assembly prayed to be admitted to the privi-
leges of his Majesty's subjects within this Colony, and that
his son Francis Forgue jun"", born in this Colony, may be
made capable of inheriting, and the real estate by him the
said Francis the elder already purchased may be confirmed
to him, notwithstanding his being born out of the allegiance
of the King of Great Britain as aforesaid : Therefore,
Be it enacted hy the Ciovernor, Council and Representatives,
in General Court assembled, and hy the authority of the same,
That he, the said Francis Forgue, having taken the oaths of
allegiance, supremacy and the abjuration by law appointed,
be, and he is hereby declared to be, naturalized and entituled
to all the privileges, immunities and advantages of his
Majesty's English subjects born within this Colony, as fully
and effectually to all intents, constructions and purposes
whatsoever, as though he, the said Francis Forgue, had been
born within the dominions of and subject to the King of
Great Britain, excepting only such privileges and immunities
as by law are not competent to foreigners who have been or
are naturalized.
And he it further enacted hy the authority aforesaid, That
the said Francis Forgue jun"" shall be and he is hereby de-
clared to be, to all intents, constructions and purposes what-
soever, as capable of inheriting and taking by descent or
310 PUBLIC RECORDS [May,
purchase all and any real estate or estates whatsoever as he
might, could or would have been had the said Francis the
elder been compleatly naturalized as aforesaid before the birth
of the said Francis the younger. And the rent, estate or
estates by the said Francis the elder already purchased are
hereby confirmed to him, his heirs and assigns, and declared
to be as effectual and valid, to all intents and purposes what-
soever, as though he, the said Francis, had been so as afore-
said naturalized before the making and acquiring the same as
aforesaid.
Upon the memorial of Lodowick Hotchkiss, of Farmington
in the county of Hartford, conservator of the person and
estate of Daniel Kilborn of said Farmington, shewing to this
Assembly that the said Daniel is indebted to sundry persons
in the sum of £S7 15 6, lawful money, and that the said
Daniel has not personal estate to satisfy said debts ; praying
[359] that the 1| memorialist, or some other person, may be
appointed and impowered to sell so much or all of the estate
of the said Daniel as will pay said sums and the incident
charges of sale, as per memorial on file : Resolved by this
Assembly, that the memorialist have liberty, and liberty and
authority is hereby granted to him, to sell so much of the
real estate of said Daniel as shall be sufficient to pay said
debts and the incident charges of said sales, and make his
return of his doings in the premises to the county court in
said Hartford county.
Upon the memorial of Thomas Noble and Sarah Noble,
executors on the last will and testament of John Noble late
of New Milford, deceas'd, shewing to this Assembly that the
debts and charges against said estate exhibited and allowed
amounteth to the sum of <£32 13 11, and that all the move-
able estate is given away in specifick legacies, and praying
for liberty to sell land &c., as per memorial on file: Resolved
by this Assembly, that the said Thomas Noble have liberty,
and he is hereby impowered, to make sale of so much of the
lands of the said John Noble, deceas'd, as to make said sum
of <£3213 11, lawful money, with the incident charges arising
thereon ; taking the direction of the court of probate for the
district of Woodbury therein.
Upon the memorial of Samuel Mott, Esq'', executor to the
last will and testament of Samuel Treat late of Preston,
deceas'd, representing to this Assembly that the debts, funeral
charges and charges of executorship due from the estate of
said deceas'd surmount the personal estate £74 1 11, lawful
1774.] OF CONNECTICUT. 311
money, and that there is legacies ordered to be paid in money
by said will which amount to X133 10 3f , lawful money, both
which sums amount to .£207 12 3|, lawful money ; pray-
ing for liberty (after the sons part of said estate is set off to
each of them according to the apprizement in the inventory,)
to sell so much of the real estate of said deceas'd as shall
amount to the aforesaid sum of X207 12 3|, lawful money,
with incident charges &c. : Resolved by this Assembly, that
liberty be granted, and liberty and authority is hereby
granted to the said Samuel Mott, Esq', after the parts belong-
ing to the sons of said deceas'd are set off as aforesaid, to
sell so much of the real estate of said deceas'd as shall
amount to the aforesaid sum of £201 12 3|, lawful money,
with incident charges arising thereon; taking the direction
of the court of probate for the district of Norwich therein.
Upon the memorial of Noah Woodruff of Farmington, con-
servator of the person and estate of David Woodruff of said
Farmington, representing to this Assembly that before the
county court held at Hartford within and for the county
of Hartford on the second Tuesday of April, 1774, he ex-
hibited an account of his conservatorship, which account
being allowed by said county court there remained a balance
due said conservator upon the aforesaid account to the
amount of <£52 14 3, lawful money, and that said conserva-
tor has nothing in his hands to satisfy said balance ; praying
for liberty to sell land &c., as per memorial on file, dated the
14th day of May, 1774 : Resolved by this Assembly, that the
memorialist have liberty, and liberty and licence is hereby
given to him, to sell so much of said David's real estate as
will raise the said sum of X 52 14 3, lawful money, with the
incident charges arising thereon.
Upon the memorial of Henry Tomlinson of Derby, admin-
istrator to the estate of Samuel Tomlinson late of said Derby,
deceas'd, shewing to this Assembly that the debts and charges
due from the said estate surmount the moveable estate of the
said deceas'd the sum of <£48 14 7, lawful money ; praying
for liberty to sell so much of the real estate of the said
Samuel Tomlinson deceas'd as shall raise said sum &c. : Re-
solved by this Assembly, that the said Henry Tomlinson have
liberty, and liberty and authority is hereby granted, to sell so
much of the real estate of the said Samuel Tomlinson
deceas'd as shall raise the said sum of X58 14 7, lawful
money, with the incident charges arising thereon ; taking the
direction of the court of probate for the district of New
Haven therein.
312 PUBLIC RECORDS [May,
Upon the memorial of Samuel Brooker and Tabitha Sel-
leck, both of Stamford in Fairfield county, administrators on
the estate of Silvanus Selleck late of said Stamford, deceas'd,
shewing to this Assembly that th§ debts &c. due from said
estate surmount the personal inventoried estate of said
deceas'd the sum of .£161 0, L. money ; praying to be im-
powered to sell real estate &c., as per memorial on file: Re-
solved by this Assembly, that the said Samuel Brooker be
impowered, and he is hereby impowered, to sell so much of
the real estate of said deceas'd as may be necessary to raise
said sum with the incident charges of sale ; taking the direc-
tion of the court of probate for the district of Stamford
therein.
[360] Upon the memorial of Jesse Denniss, of Greenwich
in Fairfield county in said Colony, administrator on the
estate of Obadiah JDenniss late of said Greenwich, deceas'd,
shewing to this Assembly that the debts allowed against said
estate amount to the sum of X47 17 4, lawful money, and
that said estate is all real estate ; praying to be impowered to
sell real estate &c.,as per memorial on file: Resolved by this
Assembly, that said memorialist be impowered, and he is
hereby impowered, to sell real estate of said deceas'd to raise
said sum with the incident charges of sale ; taking direction
of the court of probate in the district of Stamford therein.
Upon the memorial of Deodate Halt, of Stamford in Fair-
field county, administrator on the estate of William Hait late
of said Stamford, deceas'd, shewing to this Assembly that
the debts &g. allowed against said estate surmount the per-
sonal estate of said deceas'd the sum of £19 19 9d. lawful
money, and praying to be impowered to sell land <fec., as per
memorial on file : Resolved by this Assembly, that said
memorialist be impowered, and he is hereby impowered, to
sell real estate of said deceas'd to raise said sum of X19 19
9, lawful money, with the incident charges of sale ; taking
direction of the court of probate in the district of Stamford
therein.
Upon the memorial of Joseph Griswold, of Guilford in the
county of New Haven, administrator on the estate of Joseph
Griswold late of said Killingworth, deceas'd, representing to
this Assembly that the debts and charges due from said
estate surmount the personal estate of said deceas'd and the
real estate sold by order of Assembly the sum of <£35 15 11 ;
praying for liberty to sell so much of the real estate as to
pay the same <fec., as per memorial on file : Resolved by this
Assembly, that the memorialist have liberty, and liberty and
1774.] OP CONNECTICUT. 313
authority is hereby given him, to sell so much of the real
estate of said deceas'd as shall be sufficient to pay said sum
with the incident charges thereon arising ; taking the adv^ice
of the court of probate for the district of Guilford therein.
Upon the memorial of Aaron Kelcy, of Killing-worth in
the county of New London, in behalf of Martha Kelcy,
administratrix on the estate of Jonah Kelcy late of said
Killingworth, deceas'd, representing to this Assembly that
the debts and charges of said estate surmount the personal
estate of said deceas'd and real estate sold by order of this
Assembly the sum of ,£80 15 2, lawful money ; praying for
liberty to sell so much of the real estate of said deceas'd as
shall be sufficient to pay the same with incident charges &c.,
as per memorial on file : Resolved by this Assembly, that the
memorialist have liberty, and liberty and authority is hereby
given him, to sell so much of the real estate of said deceas'd
as shall be sufficient to raise said sum with incident charges
arising thereon ; taking the direction of the court of probate
for the district of G-uilford therein.
Upon the memorial of Elisha Steel, of Woodbury in Litch-
field county, representing to this Assembly that in the year
1772 he lost his pocket-book in plowed land with two twenty-
shilling bills of this Colony, proc. money, amounting to the
sum of fifty shillings, lawful money, and that afterwards
said book was there found with said money so mouldered
that it was wholly lost ; praying for due relief in the premi-
ses : Whereupon it is resolved by this Assembly, that the
Treasurer of this Colony pay out of the Colony treasury the
sum of fifty shillings, proclamation money, in bills of this
Colony, for which this shall be his sufficient warrant, unto
the said Elisha Steel.
Upon the memorial of James Gordon, agent of the town
of Voluntown, shewing to this Assembly that he is indebted
to the Treasurer of this Colony by bond on interest, and is
in a way to make payment of the same without needless
delay ; praying forbearance &c., as per memorial on file :
Resolved by this Assembly, that forbearance be given to said
Gordon on said bond ; and said Treasurer is hereby directed
not to put said bond in suit before the first day of June,
1775.
[361] Upon the memorial of Othniel Seley, of Newtown
in the county of Fairfield, administrator on the estate of
Robert Seley late of said Newtown, deceas'd, shewing to this
Assembly that the debts and charges allowed by the court of
40,
314 PUBLIC RECORDS [M^y,
probate for the district of Danbury, together with a small
allowance made to the widow by the said probate court, sur-
mount the personal estate the sum of <£10 7 1, for the pay-
ment of which the said administrator hath nothing in his
hands of the personal estate of the deceas'd ; praying this
Assembly to grant liberty to him, the said Othniel iSeley, or
some other meet person, to sell so much of the real estate of
the deceas'd as to -raise the sum of £10 7 1, together with
the incident charges of sale arising thereon : Resolved by this
Assembly, that said Othniel Seeley of Newtown be and he is
hereby authorized and impowered to sell so much of the real
estate of said Robert Seeley, deceas'd, as will raise the said
sum of £10 7 1, lawful money, with the incident charges of
sale arising thereon ; taking the direction of the court of pro-
bate for the district of Danbury therein.
On the memorial of Moses Barnerd and Medad Hunt,
administrators on the estate of Aaron Barnerd late of Tol-
land, deceas'd, shewing to this Assembly that a farther
account of debts and charges allowed by the court of probate
for the district of Stafford against the estate of the said
deceas'd to the amount of £6 2 8, L. money, for the pay-
ment of which sum they have nothing in their hands ; pray-
ing for liberty to sell real estate &c. : Resolved by this Assem-
bly, that said administrators have liberty and they are hereby
authorized and impowered, to sell so much more of the real
estate of the said deceas'd as will raise the aforesaid sum of
£6 2 8, L. money, with incident charges of sale ; taking
the direction of the court of probate for the district of Staf-
ford therein.
On the memorial of Joseph Johnson, a Mohegan Indian,
shewing to this Assembly that he has been at considerable
expence in making the necessary preparations for the
removal of sundry tribes of Indians out of this Colony, in
which undertaking he has the countenance and encourage-
ment of Sir William Johnson and otliers ; praying this
Assembly to grant him such sum of money out of the Colony
treasury as they sliall think fit, as per memorial on file :
Resolved by this Assembly, that the said Joseph Johnson
shall have six pounds allowed him out of the treasury of
this Colony, and the Treasurer is hereby ordered to pay the
same accordingly.
Upon the memorial of the first society in Stafford, shew-
ing that their present meeting-house is become old and ruin-
ous, and not fit to repair ; that they had voted and agreed to
build a new house for divine worship in said society ; pray-
1774.] OF CONNECTICUT. 315
ing for a committee to view and affix a stake where they
should build the same &c., as per memorial &c. ; whereupon
a committee has been appointed, and have now reported it as
their opinion that it is not advisable to repair said old house,
but to build a new one, and have proceeded and affixed a
place and pitched a stake for that purpose about four rods
east of the south-east corner of Josiah Converse's home-lot,
and said report being now approved and accepted &c. :
Resolved by this Assembly, that the place where said com-
mittee have set said stake shall be the place for the building
of said new meeting-house in said society : said stake to be
inclosed within the sills of said house.
Upon the memorial of Hezekiah Spencer and Ebenezer
Spencer of Somers, and Zachariah Allyn, of East Windsor
in the county of Hartford, shewing that they are united with
and constantly do attend publick worship in the second
society in Enfield under the pastoral care of Mr. Nathaniel
Collins, and contribute to his support &c. ; praying to be
annexed to said society and exempted from paying to the
societies within which they now are, either for building of
meeting-houses or support of the ministry within the same
&c. ; as per memorial &c. : Resolved by this Assembly, that
the memorialists be and they are hereby annexed to said
second society in Enfield, and that they shall be subjected to
all such charges both for the support of the ministry and for
building of meeting-houses within the same that by law the
rest of said second society are liable to, and that they and
their estates be also exempted from paying any and all such
[362] charges as are or || shall be laid upon them by either
of the societies within which they hitherto are or have
belonged, for the support of the ministry or building of
meeting-houses within the same.
Upon the memorial of Thomas Bradford of Canterbury,
shewing to this Assembly that on auditing the accounts of
the late Treasurer Talcott he was found in arrear to said
Treasurer as the memorialist had been a collector of Colony
taxes, which arrearage the memorialist supposeth to happen
by mistake and settling with said Treasurer Talcott, and that
an execution lieth against the memorialist for the same &c. ;
praying forbearance of the same upon good security &c., as
per memorial on file : Resolved by this Assembly, that one
years forbearance shall be and the same is hereby given to
said Bradford on his well-securing the sum of said execution
and all the lawful interest and cost thereon arisen, to be paid
to the Treasurer by the first day of June, 1775, and interest
816 PUBLIC RECORDS [May,
till paid ; and said Treasurer is hereby directed to take snch
security for the same as shall be recommended by the select-
men of said Canterbury to be safe.
Upon the memorial of John Lefifingwell, administrator on
the estate of Capt. John Leffingwell late of Norwich, de-
ceas'd, shewing to this Assembly that the debts and charges
due from said estate surmount the inventoried personal estate
of said deceas'd the sum of ^210 6 0^ ; praying for liberty
to sell so much of the real estate of said deceas'd as shall
raise a sum sufficient to pay the same <fec., as per memorial
on file : Resolved by this Assembly, that said John Leffing-
well have libei'ty, and authority is hereby given to him, to
sell so much of the real estate of said deceas'd as shall raise
a sum sufficient to pay the said £210 5 0, L. money, and the
incident charges arising thereon ; taking the advice and direc-
tion of the court of probate for the district of Norwich
therein.
On the memorial of Joseph Button, administrator on the
estate of Peter Button jun"", late of New London, deceas'd,
shewing to this Assembly that the debts and charges due
from the estate of said deceas'd surmount the personal estate
of said deceas'd the sum of X13 4 4, L. money, and that he
has nothing in his hands to pay said sum ; praying for liberty
to sell real estate &c. : Resolved by this Assembly, that said
administratrix [sic] have liberty, and he is hereby author-
ized and impowered, to sell so much of the real estate of said
deceas'd as will raise said sum of .£13 4 4, lawful money,
with incident charges of sale ; taking the direction of the
court of probate for the district of New London therein.
Upon the memorial of John Camp of Fairfield, represent-
ing to this Assembly that in the year 1768, he being keeper
of the goal in the county of Fairfield under the sheriff of
said county and then resident with his family in the house
adjoining said goal, one Isaac Fraser, being in custody in said
goal for burglary, set fire to said goal, whereby the same and
the house in which he lived and the greatest part of his house-
hold furniture and wearing apparel were consumed, and the
memorialist and his family reduced to the utmost poverty and
distress &c ; praying for the interposition and relief of this
JBon'^^'^ Asseml)ly &c., as per memorial on file: Resolved by
this Assembly, that upon the representations aforesaid there
be granted, and there is hereby granted, to the said memo-
rialist the sum of thirty pounds, to be paid out of the Colony
treasury ; and the Treasurer of this Colony is hereby directed
to pay the same to the memorialist accordingly.
1774.] OF CONNECTICUT. 817
Upon the memorial of Eleazer Huntington, conservator of
the person and estate of Mr. Jonathan Curtiss, shewing to
this Assembly that the said Jonathan is indebted to sundry
persons in the sum of X12 7 10, lawful money, which ac-
counts have been allowed and settled by the county court in
Windham county, and that said Jonathan hath no personal
estate to pay the same ; praying for liberty to sell said Jona-
than's lands to the amount of said debts and the incident
charges arising thereon, as per memorial on file appears :
Resolved by this Assembly, that the memorialist have liberty,
and liberty and authority is hereby given to him, to sell so
much of the real estate of said Jonathan as shall be sufificient
to raise said sum of <£12 7 10 and the incident charges of
said sale, and make return of his doings in the premises to
the county court in said Windham county.
[363] The Sums Total of the Additions (sing-le and fourfold) to the Lists
of the several Towns in this Colony sent in to this Assembly-
are as follow, viz :
Hartford,
Single.
£984 6
Fourfold.
£0
Chatham,
712 15
-'
192 16
Willington,
59 8
East Windsor,
409 15
6 -
Hebron,
215 10
Colchester,
415 11
-
- 1471 14
East Had am,
438
Somers,
115 5
-
Bolton,
165 1
48 4
Tolland,
310 16
-
Windsor,
405 2
6
257 4
Suffield,
94 9
-
Glastonbury,
Midletown,
241 2
1002 3
9 -
Farmington,
1401 4
1464 18
Enfield,
117 5
-
Haddam,
975 14
3
11
Symsbury,
New Haven,
319 8
2126 10
-
9
Derby,
Durham,
72 18
128
-
151 6
8
Milford,
514
3
260 4
Guilford,
298 14
Waterbury,
Wallingford,
725 11
981 10
10 -
4
384 8
- . 422 4
Norwich,
716 12
9 -
783 8
Groton,
855 18
932 8
Preston,
73 12
-
173 4
318
PUBLIC RECORDS
Stoniiigton,
.£527
12
Killinii-worth,
130
1 -
Fairfield,
688
13
1
Stamford,
127
13
6 -
Newtown,
471
10
9
Daiibury,
186
7
4 -
Redding,
143
13
6
Nor walk,
697
12
9 -
Stratford,
1061
16
7
Greenwich,
786
3 -
Windham,
1046
12
8
Coventry,
330
14
-
Lebanon,
669
3
Ashford,
109
8
6 -
Mansfield,
585
6
Voluntown,
83
12
-
Killingley,
700
Canterbury, '
663
12
6
Plainfield,
216
16
Litchfield,
697
16
6 -
Sharon,
684
1
Kent,
861
9
6
Cornwall,
270
2
New Milford,
87
18
-
Goshen,
857
6
Torrington,
185
5
-
Salisbury,
868
10
6
New Hartford,
[May,
£79 14
86 8
379 2
500 12
6
530 9
2
258 4
467 4
172
586 4
72 16
96 14
12 8
6
314 16
437 16
164
83 8
Upon the memorial of Nancy Mitchell, now confined in
Litchfield county goal, representing to this Assembly that she
is now confined in said goal for the non-payment of costs
arisen against her on account of a prosecution at the suit of
the King against her before the superior court holden at
Litchfield in Litchfield county upon the last Tuesday save two
of February last, on which prosecution she was found not
guilty upon the indictment for the manslaughter of one
Henry McAuley, and that her poverty incapacitates her to
pay said costs, and praying for the merciful interposition of
this Assembly in the premises, as per memorial on file : Re-
solved by this Assembly, that the sheriff of Litchfield county
use his endeavours to dispose of the memorialist in service
for the payment of said costs ; and if that cannot be done, he
is impowered and ordered to take the memorialist's own note
of hand for the whole of said costs taxed by said superior
court against her, and also for the costs arisen by means of
1774.] OF CONNECTICUT. 319
her detention in said goal since her said tryal, and that shall
thereon arise before her release out of prison, payable to the
Treasurer of Connecticut Colony in three months from the
date thereof, and thereupon discharge her from said goal.
[364] Upon the memorial of Jonathan Avery of Norwich and
his son Jonathan Avery jun"", shewing to this Assembly that
the said Jonathan jun"^ was, in the year 1772, concerned in
passing some base and counterfeit coin, and thereupon escaped
and fled from prosecution and lives in exile ; praying for par-
don and liberty to return to his native place and to his
friends in safety, without prosecution for his crime aforesaid,
upon his becoming bound to his good behaviour &c., as per
memorial on file : Resolved by this Assembly, that the said
Jonathan Avery jun'' may return and dwell in safety within
this Colony as to any prosecution for his crime aforesaid,
upon his paying to the Treasurer of this Colony all lawful
cost that hath already arisen on a prosecution which was
begun against said Jonathan jun"" for said crime before his
escape, and also become bound with one or more good and
sufficient sureties to the Treasurer of this Colony in a recog-
nizance of £200 0, lawful money, that he, the said Jonathan
jun'', shall behave himself in a good and peaceable manner,
and especially keep and observe all the statutes of this Colony
that are or shall be made and provided against making, utter-
ing or passing any counterfeit bills or coin whatsoever, which
bond shall be forfeit and paid to said Treasurer in case of
failure of said Jonathan jun"" therein ; and Jabez Huntington
of said Norwich, Esq'', as he is one of his Majesty's Assistants
for this Colony, is hereby authorized and impowered to accept
such sui^ety, and take such bond as aforesaid and record the
same in his office, which being duly done the said Jonathan
Avery jun"" is released from any further prosecution for his
crime aforesaid.
Upon the memorial of Sarah Brown, of Windham, and
Thomas Brown, administrators on the estate of Mr. Thomas
Brown late of said Windham, deceas'd, shewing to this
Assembly that the debts due from said deceas'd exhibited to
the judge of probate for the district of Windham and by him
allowed surmount the personal estate of said deceas'd the
sum of X198 11 4, lawful money, for the payment of which
said administrators have nothing in their hands ; praying
that some proper person may be appointed and impowered to
make sale of so much of the real estate of the deceas'd as
shall be sufficient to raise said sum &c., as per memorial on
file appears : Resolved by this Assembly, that the said-
320 PUBLIC RECORDS [May,
Thomas Brown have liberty, and liberty and authority is
hereby granted to him, to sell so much of the real estate of
said deceas'd as shall be sufficient to pay said sum of £198
114 and the incident charges of said sale ; taking the direc-
tions of the court of probate for the district of Windham
therein.
On the memorial of Return Strong, administrator on the
estate of Reuben Miller late of Windsor, deceas'd, for liberty
to make sale of so much of the real estate of the said deceas'd,
to discharge the debts due from said estate to the amount of
<£32 12 4|, lawful money, as per memorial on file : Resolved
by this Assembly, that the said administrator have liberty,
and liberty is hereby granted to him, to sell so much of the
real estate of the said deceas'd as will raise said sum of
X32 12 4^, lawful money, with incident charges of sale ;
taking the direction of the court of probate in the district
of Hartford in the sale thereof.
On the petition of Elisha Webster, of Farmington in the
county of Hartford, against Jonathan Robbins, of Weathers-
field in the county aforesaid, dated September 1st, 1772, as
on file, by continuances &c. lying before this Assembly : The
question was now put, whether the pleas offered on the part
of the respondent in abatement of this petition are sufficient
to abate the same : Resolved by this Assembly in the
affirmative.
[365] On the petition of Anne Mix, of Hartford in the
county of Hartford, executrix of the last will and testament
of Ebenezer Mix late of said Hartford, deceas'd, against John
Eliott, formerly of New Haven in the county of New Haven,
late of Spencer in the county of Worcester and Province of
the Massachusets Bay, now of Midletown in the county of
Hartford, dated April 23d, 1774, as on file : The question
was put, whether the superior court in proceeding to and ren-
dering the judgment referred to in said petition manifestly
erred, and resolved by this Assembly in the negative.
On the petition of Jonathan Robbins, of Weathersfield in
the county of Hartford, against Jonathan Roberts, of Hart-
ford in the county aforesaid, dated May 5th, 1773, as on file,
by continuance &c. lying before this Assembly : The question
was now put, whether the pleas offered in abatement of said
petition is sufficient to abate the same : Resolved by this
Assembly in the affirmative.
On the petition of Samuel Wolcott, Josiah Robbins and
others named in said petition, inhabitants within the second
1774.] OF CONNECTICUT. 321
school district in the town of Weathersfield in the county of
Hartford, in the first society in said town, and of Josiah Bel-
ding, Ozias Griswold and others named in said petition, inhab-
itants within tlie first school district in said first society in
said town, against Elisha Williams, Esq"", one of the principal
inhabitants of the south school district, and Oliver Wells,
one of the principal inhabitants of the north school district,
both within the first society in said town of Weathersfield,
and the rest of the inhabitants within said district, dated
September 30th, 1772, as on file, by continuance &c. lying
before this Assembly : The question was now put, whether
anything should be granted on said petition, and resolved by
this Assembly in the negative.
On the petition of Mary Thrall, Timothy Thrall and Wil-
liam Thrall, of Windsor in the county of Hartford, and
James Cornish and Hannah his wife, of Symsbury in said
county, the said Hannah being the former wife of William
Thrall late of said Windsor, deceas'd, against Odiah Loomiss
and Jane his wife, of said Windsor, Isaac Wyman and Sarah
his wife, of Keine in the Province of New Hamshire, Samuel
Wells, John Wells and Elijah Wells, of Deerfield in the Prov-
ince of the Massachusets Bay, Thomas Wells of said Keine,
lately of said Windsor, Aaron Phelps and Susannah his wife,
of said Windsor, dated May 5th, 1773, as on file, by continu-
ance &c. lying before this Assembly : The question was now
put, whether the pleas offered in abatement of said petition
are sufficient to abate the same, and resolved by this Assem-
bly in the affirmative.
On the petition of Ralph Isaacs, of New Haven in the
county of New Haven, against Jesse Leavensworth, of New
Haven in said county, dated December 9th, 1773, as on file :
The question was put, whether the pleas offered in abatement
of said petition are sufficient to abate the same, and resolved
by this Assembly in the affirmative. Cost allowed respondent
is £1 14 8. Ux. granted June M, 1774.
On the petition of Daniel Payne jun"", of Woodstock in the
county of Windham, against Nathan Utley, late inhabitant
of Ashford in said county now absent and absconded, dated
September 24th, 1772, as on file, by continuance &c. lying
before this Assembly : The question was now put, whether
the pleas offered in abatement of said petition are sufficient
to alaate the same, and resolved by this Assembly in the af-
firmative. Cost allowed respondent is £S 19 0. Ux. granted
June M, 1774.
41
322 PUBLIC RECORDS [May,
Cost allowed James Rice, of New Haven in the county of
New Haven, for attendance &c. to answer a certain petition
preferred against him by Joseph Trowbridge jun% of New
Haven aforesaid, and now withdrawn by Amos Botsford, Esq"",
attorney to the petitioner, is X3 2 1 0, L. money. Ux. granted
June M, 1774.
On the petition of Mathew Baldwin, of Milford in the
county of New Haven, against Thomas Darling, Esq% and
others named in said petition, dated April 12th, 1774, as on
file : The question was put, whether the prayer of this peti-
tion should be granted, and resolved by this Assembly in the
negative.
On the petition of Odiah Loomiss and Jane his wife, both
of Windsor in the county of Hartford, Isaac Wyman and
Sarah his wife, both of Kein in the Province of New Ham-
shire, Samuel Wells, John Wells and Elijah Wells, all of
Deerfield in the county of Hamshire and Province of the
Massachusets Bay, Thomas Wells, late of Windsor aforesaid,
now of Kein in the Province of New Hamshire, and Aaron
Phelps and Susannah his wife, both of Windsor in the county
of Hartford, which said Sarah Wyman, Samuel, John, Elijah
and Thomas Wells, and Susannah Phelps, are the only chil-
dren and heirs of Sarah Metcalf, late of said Keen, deceas'd,
which said Sarah deceas'd and Jane Loomiss aforesaid
[366] II were the next of kin and only heirs and legal repre-
sentatives of John Cook late of said Windsor, deceas'd,
against James Cornish and Hannah his wife, both of Syms-
bury in the county of Hartford, Mary Thrall, Timothy Thrall
and William Thrall, all of Windsor aforesaid ; dated Septem-
ber 28th, 1772, as on tile, by continuance &c. lying before this
Assembly : The question was now put, whether the prayer of
said petition should be granted, and resolved by this Assem-
bly in the negative.
This Assembly grants to his Honor Governor Truml)ull the
sum of one hundred and fifty pounds, for the first half of his
salary the current year.
This Assembly grants to the Hon'^'e Deputy Governor Gris-
wold the sum of fifty pounds, for the first half of his salary
the current year.
This Assembly grants to John Lawrence, Esq% Treasurer
of this Colony, the sum of one hundred and eighty pounds,
for his salary the year past.
This Assembly grants to George Wyllys, Esq"", the sum of
twenty pounds, for liis salary the year past. ^
1774.] OF CONNECTICUT. S^S
This Assembly grants to Capt. Titus Hurlbut of New Lon-
don, three pounds, the usual grant to him for taking care of
the government stores, cannon &c., at the battery in New
London, hoisting the flag &c., the year past.
This Assembly grants to the President and Fellows of
Yale College in New Haven the sum of one hundred and
seven pounds seven shillings and six pence, being the balance
due from the college in October last as appears by their ac-
counts then exhibited to this Assembly ; and the Treasurer
of this Colony is hereby ordered to pay the same to the treas-
urer of said college out of the treasury of this Colony.
Resolved by this Assembly, That the Treasurer of this Col-
ony be and he is hereby directed to pay out of the Colony
treasury, to
Josiah Bissell, Esq^
to Capt. Jonathan Humphry,
to Erastus Wolcott, Esq ,
to Daniel Wilcox,
to Capt. John Viets,
in full for their several accounts for
Newgate Prison and supporting the
accounts are liquidated and adjusted by auditors and returned
and accepted by this Assembly.
Resolved, That all petitions, memorials and reports of com-
mittees, and all other matters and things now lying undeter-
mined before this Assembly, be and they are hereby continued
to the General Assembly to be holden at New Haven on the
second Thursday of October next for consideration.
Upon the petition of Gurdon Saltonstall,Esq'',of New Lon-
don, against Philip Livingston, Esq'', <fec., brought to this
Assembly in May, 1772, praying for an act of insolvency in
his favour, and upon the report of a committee on said peti-
tion now lying before this Assembly relative to said Salton-
stall's circumstances &c. : Resolved by this Assembly, that
the further consideration of the petition and report aforesaid
be referred to the General Assembly to be held at New Haven
in II October next, and that the person and estate of the peti-
tioner be freed and secured from arrests and imprisonment
for any debts due before the date of said petition, until the
rising of the General Assembly in October next.
This Assembly was adjourned by proclamation &c. until
the Governor, or in his absence the Deputy Governor, shall
see cause to call it to meet again.
Teste George Wyllys, Secretary.
M2
7
1
37
17
5
16
24
3
8
29
5
10
expences in repaii
'ing
prisoners there,
as
the
324 PUBLIC RECORDS [^^J,
[From the Journal of the Continental Congress, Vol. I. ]
In the House of Representatives of the Colony of Connecticut, June
3, 1774.
Whereas a Congress of Commissioners from the several British
Colonies in America is proposed by some of our neighboring Colo-
nies, and thought necessary: And whereas it may be found ex-
pedient that such Congress should be convened before the next
session of this Assembly,
Resolved hy this House, That the Committee of Correspondence
be, and they are hereby, empowered, on application to them made
or from time to time as may be found necessary, to appoint a suit-
able number to attend such Congress or Convention of Commis-
sioners or Committee of the several Colonies in British America,
and the persons thus chosen shall be and they are hereby directed
in behalf of this Colony, to attend such Congress, to consult and
advise on proper measures for advancing the best good of the
Colonies, and such conferences from time to time to report to this
House.*
A true extract and copy from the Journal of the House,
Attest. William Williams. Clerk,
* The Committee of Correspondence met at New London July 13th,
1774, and nominated Eliphalet Dyer, William Samuel Johnson, Erastus
AVolcott, Silas Deane and Richard Law, Esq", either three of whom were
authorized to attend the Congress proposed to be held at Philadelphia.
"About four o'clock p. m. the gentlemen committee declared to the ex-
pecting people their choice, upon which a royal salute was fired from
our battery, and also a salute from the shipping in the harbor." Messrs.
Johnson, Wolcott and Law having signified their inability to attend, the
Committee, August 8d, added to the nomination Roger Sherman and
Joseph Trumbull, either of whom, with Messrs. Dyer and Deane, were
impowered to attend in behalf of the Colony.
American ArcMres, I. 554, 895.
1774.] OP CONNECTICUT. 325
[369] Anno Regni Regis Creorgii tertii deeimo-quarto.
At a Geneeal Assembly op the Governor and Company of
THE English Colony op Connecticut in New England in
America, holden at New Haven in said Colony, on the
second Thursday op October, being the thirteenth day
op said month, and continued by several adjournments
TO the pourth day op November next pollowing, annoque
Domini 1774.
Present :
The Honorable Jonathan Trumbull, Esq^, Governor.
The Honorable Mathew Griswold, Esq"", Deputy Grovernor.
Jabez Hamlin, Esq"", Roger Sherman, Esq'',* ^
Shubael Conant, Esq"", Abraham Davenport, Esq"", j S^
Elisha Sheldon, Esq"", William Samuel Johnson, Esq^, I ~
Eliphalet Dyer, Esq',* Joseph Spencer, Esq% ^
Jabez Huntington, Esq'', Oliver Wolcott, Esq^,
William Pitkin, Esq', James Abraham Hilhouse,Esq'',y
Representatives or Deputies of the Freemen of the several
Towns are as follow, viz :
Colo. John Pitkin, Capt. Thomas Seymour, for Hartford.
Capt. Josiah Bissell, Mr. Oliver Elsworth, for Windsor.
Capt. Jona. Pettibone, Colo. Jona. Humphry, for Symsbury.
Mr. William Wolcott, Maj' Erastus Wolcott, for East
Windsor.
Capt. Jonathan Wells, Mr. Ebenezt" Plummer, for Glaston-
bury.
Mr. Alexander King, Capt. Abraham Granger, for Suffield.
[370] Mr. Silas Dean,* Capt. Thomas Belding, for Weathers-
field.
Mr. Mathew Talcott, Mr. Titus Hosmer, for Midletown.
Mr. Moses Holmes, Mr. Elijah Fenton, for Willington.
Mr. Samuel Cobb, Mr. Eleazer Steel, for Tolland.
Colo. Hez. Braynard, Capt. Joseph Brook, for Haddam.
Capt. Joel White, Capt. Benja. Talcott, for Bolton.
Mr. Zerah Kibbee, Mr. Reuben Sikes for Somers.
Mr. David Sage, Capt. Silas Dunham, for Chatham.
* Messrs. Dyer and Sherman of the Upper House, and Deane of the
Lower, were in attendance upon the Congress at Philadelphia, which ad-
journed October 26th ; so that they could hardly have been present at this
session before the close of that month. A letter from them to Governor
Trumbull, dated Oct. 10th, is printed in 12th Mass. Historical Society's Col-
lections, 231, and also in 4th series American Archives, I, 854. Another
letter from Mr. Deane to the same, dated October 22d, may be found in
the last mentioned volume, col. 888.
326 PUBLIC RECORDS [October,
Mr. Daniel Braynerd, Mr. Jabez Chapman, for East Hadam.
Maj"" Henry Cliampion, Mr. John Waterhouse, for Colchester.
Mr. Josiah Converse, Mr. Joshua Fuller, for Stafford.
Mr, Edward Collins, Mr. Nathaniel Terry, for Enfield.
Colo. John Strong, Capt. Fisher Gay, for Farming-ton.
Capt. Daniel Ingham, Capt. Obadiah Hosford, for Hebron.
Mr. Samuel Bishop, Mr. Joshua Chandler, for New Haven.
Colo. Elihu Chauncey, Majr James Wadsworth, for Durham.
Capt. John Wooster, Mr. James Beard, for Darby.
Mr. Edward Russell, Mr. Daniel Page, for Branford.
Mr. John Burgiss, Capt. Andrew Ward, for Guilford.
Mr. Oliver Stanly, Capt. Reuben Atwater, for Wallingford.
Mr. Joseph Hopldns, Capt. Jonath" Baldwin, for Waterbury.
Capt. John Fowler, Maj"" David Baldwin, for Milford.
Mr. Richard Law, Mr. William Hilhouse, for New London.
Mr. Benja. Huntington, Mr, Isaac Tracy, for Norwich.
Majr Charles Phelps, Mr. Samuel Prentice, for Stonington.
Mr. Samuel Field, Capt. William Worthington, for Saybrook.
Mr. Robert Crary, Capt. James Morgan, for Preston.
Mr. John Lay 2d, Mr. Ezra Selden, for Lyme.
Capt. Elnathan Stevens, Mr, Hezekiah Lane, for Killing-
worth,
Mr. Thomas Mumford, Mr, Stephen Billings, for Groton,
Mr, Jonathan Sturgiss, Capt, Samuel Squire, for Fairfield.
Capt. Robert Fairchild, Capt. Daniel Judson, for Stratford,
Mr. Lemuel Sanford, Mr. William Hawley, for Redding.
Capt. John Mead, Mr. Peter Mead, for Greenwich.
Maj'^ David Waterbury, Majf Charles Webb, for Stamford.
Colo. Philip Burr Bradley, Mr. Samuel Olmsted, for Ridg-
field,
Mr, Thomas Belding, Mr. Thaddeus Betts, for Norwalk.
Capt. Henry Glover, Capt. Peter Nichols, for Newtown.
Mr, Zacheus Towner, Mr. Alex"" Fairchild, for New Fairfield.
Colo. Joseph Piatt Cook, Capt. Daniel Tavlor, for Danbury.
[371] May Jedediah Elderkin, Mr. Nath'' Wales, for Wind-
ham.
Colo. William Williams, Mr, Jona, Trumbull jun"", for Leba-
non.
Mr. Solomon Pain, Mr. Eliashib Adams, for Canterbury.
Mr, Thomas Williams, Mr, Elisha Lord, for Pomfret,
Mr, Caleb May, Capt. Timothy Perryn, for Woodstock.
Capt. Ebenezer Kingsbury, Mr. Jeremiah Ripley, for Coven-
try,
1774.] OP CONNECTICUT. 327
Mr. Constant Southworth, Capt. Experience Storrs, for
Mansfield.
Capt. Isaac Coit, Majr John Douglas, for Plainfield.
Mr. James Gordon, Mr. Robert Hunter, for Voluntown.
Mr. Simeon Learned, Mr. Benjamin Leavins, for Killingly.
Capt. Benjamin Sumner, Mr. Elijah Whiton, for Ashford.
Mr. Jedediah Strong, Capt. David Welch, for Litchfield.
Capt. Mathew Gillett, Capt. Seth Smith, for New Hartford.
Maj'" Ebenezer Gay, Mr. Thomas Pardj, for Sharon.
Colo. Joshua Porter, Mr. Hezekiah Fitch, for Salisbury.
Mr. Ephraim Hubbell, Capt. Justus Sackett, for Kent.
Mr. Daniel Sherman, Capt. Increase Mosely, for Woodbury.
'Colo. Ebenezer Norton, Capt. Edmund Beach, for Goshen.
Capt. Samuel Canfield, Capt. Sherman Bordman, for Tor-
rington.*
Mr. Heman Swift, Capt. Thomas Porter, for Cornwall.
Capt. John Willson, Mr. Josiah Phelps, for Harwington.
Mr. John Watson, Colo. Charles Burrell, for Canaan.
Capt. Zebulon Butler, Mr. Joseph Sluman, for Westmoreland.
William Williams, Esq% Speaker, ] of the House of
Richard Law, Esq"", Clerk, \ Representatives.
An Act in Addition to the Law of this Colony entituled An Act for
forming and regulating- the Militia and for Encouragement of
Military Skill for the better Defence of this Colony.
Be it enacted hy the Govertior, Council and Representatives,
in Greneral Court assembled, and hy the authority of the same,
That the military companies or trainbands in the several
regiments in this Colony shall be called out and exercised in
the use of their arms and other exercises proper for a com-
l^any of infantry twelve half-days from this time until the
first day of May next. And if any of the non-commissioned
officers or soldiers in said companies shall neglect to attend
said exercises, each person so neglecting shall forfeit and pay
for each half-day two shillings, lawful money, to be divided
[372] equally || among the non-commission officers and sol-
diers in said companies who shall attend and do duty, and
a premium of six shillings shall be allowed to each soldier
who shall attend said twelve half days. And every regiment
in this Colony, as well the horse as foot belonging thereto,
shall meet either together or in parts, at the discretion of the
colonel or commanding officer, at such time and place as
such colonel or field-officer shall appoint for regimental exer-
* The record agrees with the roll on file certified by Richard Law,
Clerk. However, Major Epaphras Sheldon and Mr. Noah Marshall were
the Deputies from Torrington, and Messrs. Canfield and Bonrdman repi-e-
sented New Milford,
328 PUBLIC RECORDS [October,
cises, one day before the tenth day of May next ; and every
non-commission officer, trooper and soldier, shall be allowed
and paid one shilling for attending such regimental exercise.
And be it further enacted by the authority aforesaid. That
the military companies in the towns of East Windsor, Enfield
and Bolton, and that part of Hartford on the east side of
Connecticut River, shall be and they are hereby constituted
and made one entire and distinct regiment, and shall be called
and known by the name of the Nineteenth Regiment. That
the military companies in the town of Norwich shall be and
they are hereby made and constituted one entire regiment,
and shall be called and known by the name of the Twentieth
Regiment. That the military companies in the towns of
Plainfield, Canterbury, Voluntown, and the south company in
the town of Killingiey, and all the soldiers living in said
Canterbury, shall be set off from the eleventh regiment and
shall be and are hereby made and constituted a distinct and
entire regiment, and shall be called and known by the name
of the Twenty-first Regiment. That the military companies
in the towns of Tolland, Somers, Stafford, Willington and
Union, shall be one distinct regiment, and shall be called and
known hy the name of the Twenty-second Regiment. Which
several regiments shall be under the same rules and orders,
and shall have the same powers, privileges and advantages,
as other regiments of this Colony by law have.
And be it further enacted by the authority aforesaid, That
wherever sixty effective men, not now included in any militia
rolls, voluntarily enlist themselves into a company, the col-
onel or commanding officer of the regiment in which they are
shall lead them to the choice of proper officers, who shall be
established and commissioned as other officers by law are.
That the colonels in the regiments in this Colony be and
they are hereby directed to collect the fire-arms and other
implements of war within their respective regiments, which
belong to this Colony, and cause them to be repaired and
fitted for use, and make returns to the Captain General the
number and state of the arms they shall so find and collect,
with all convenient dispatch.
And that there shall be a general muster of all the mili-
tary companies in this Colony on the fourth Monday of
November next, when the arms of all persons obliged by law
to provide and keep arms shall be viewed by the chief officers
of the respective companies, under penalty already provided
by law for neglect in such case.
1774.] OP CONNECTICUT. 329
An Act for prohibiting the Importation" of Indian, Negro or Molafcto
Slaves.
Whereas the increase of slaves in this Colony is injurious
to the poor and inconvenient :
Be it enacted hy the Grovernor^ Council and Representatives,
in Greneral Court assembled^ and hy the authority of the same.
That no Indian, negro or molatto slave shall at any time here-
after be brought or imported into this Colony, by sea or land,
from any place or places whatsoever, to be disposed of, left
or sold within this Colony.
Be it further enacted hy the authority aforesaid, That any
person or persons who shall hereafter, contrary to the true
intent of this act, import or bring any Indian, negro or
molatto slave or slaves into this Colony, to be disposed of,
left or sold within the same, or who knowing such slave or
slaves to be so imported and brought into this Colony shall
receive or purchase them, or any of them, shall forfeit and
pay to the Treasurer of this Colony the sum of one hundred
pounds, lawful money, for every slave so imported, brought
into this Colony, received or purchased, to be recovered by
bill, plaint or information, in any court of record proper to try
the same ; and that it shall be the duty of all constables and
grand-jurors to enquire after and make presentment of all
breaches of this act.
[373] An Act in Addition to and Alteration of an Act made and passed
hy the General Assembly held at Hartford on the second
Thursday of May, 1773, relative to the Tryal and
Decision of Matters in Equity.
Be it enacted hy the Governor^ Cou7icil and Representatives,
in Greneral Court assembled, and by the authority of the sam.e.
That all suits for relief in equity wlierein the value of the
matter or thing in demand does exceed the sum of five
pounds and does not exceed the sum of one hundred pounds
shall be heard and determined by the respective county
courts in this Colony, in the county where one of the parties
dwell ; and that all suits for relief in equity where remedy is
not to be had at law, wherein tlie value of the matter or thing
in demand does exceed the sum of one hundred pounds and
does not exceed the sum of four hundred pounds, shall and
may be heard and determined by the superior courts of this
Colony in the respective counties where one of the parties
dwell. And all matters and causes in equity now depending
in the Assembly, wherein there is no complaint of error in
any of the courts of law, nor hath been any report made,
which come within the jurisdiction of the superior and
county courts as is herein established, shall be referred to
the said courts for a final decision ; and the said causes are
42
330 PUBLIC RECORDS [October,
hereby referred to said superior and county courts respec-
tively, in the state in which the same now are.
Provided nevertheless^ That the superior court shall proceed
to hear and determine all such causes as are already com-
menced and undetermined in said court. This act to expire
with the said act to which the same is in addition.
An Act in Addition to an -Act entituled An Act for recovering- in tlie
Excise Monies and appropriating the Same for the
Benefit of Schools.
Be it enacted hy the Croveoyior, Council and Representatives,
in Creneral Court assembled, and hy the authority of the same.
That the Treasurer of this Colony pay out to the several
towns the principal sums paid in by them as excise money
together with the interest due at the time of payment, taking
a receipt therefor ; which monies shall be appropriated to
the use of schools as in said act is provided.
And he it further enacted hy the authority aforesaid, That
the last parag"i-aph of said act be repealed, and tlie same is
hereby repealed and made void.
An Act in further Addition to the Law entituled An Act in further
Addition to an Act of this Colony entituled An Act
concerning' Book-Debts.
Whereas the limited time in said act mentioned for the
recovery of book-debts that were outstanding when said act
was made, if not further lengthened out may at present prove
very inconvenient:
JBe it, therefore, enacted hy the Giovernor, Council and Repre-
sentatives, ia Greneral Court assembled, and hy the authority
of the same, That all such book-debts not otherwise balanced,
paid or adjusted, may and shall be recoverable in any court
in this Colony, if sued for at any time before the first day of
March one thousand seven hundred and seventy-six ; any-
thing in said act to the contrary in any wise notwithstanding.
An Act repealing an Act of this Colony entituled An Act to encourage
the Destroying of Wolves &c., arid also another Act of this
Colony entituled An Act in Addition to and Alteration
of an Act of this Colony entituled An Act to
encoiu-age the Destroying of "Wolves &c.
Be it enacted hy the Grovernor, Councd and Representatives,
in General Court assembled, and hy the authority of the same.
That the acts aforesaid, and each and every paragraph of
them, be repealed, and they are hereby repealed and made
void.
[374] This Assembly do appoint Samuel Wyllys, Esq"",
Colonel of the first regiment of militia in this Colony.
This Assembly do appoint Thomas Seymour, Esq"", to be
Lieutenant-Colonel of the first regiment of militia in this
Colony.
1774.] OP CONNECTICUT. 331
This Assembly do appoint Roger Newberry, Esq"", Major
of the first regiment of militia in this Colony.
This Assembly do appoint Erastus Wolcott, Esq% Colonel
of the nineteenth regiment of militia in this Colony.
This Assembly do appoint George Pitkin, Esq', Lieutenant-
Colonel of the nineteenth regiment of militia in this Colony.
This Assembly do appoint Nathaniel Terry, Esq"", to be
Major of the nineteenth regiment of militia in this Colony.
This Assembly do appoint Samuel Chapman, Esq^, to be
Colonel of the twenty-second regiment of militia in this
Colony.
This Assembly do appoint Stephen Moulton, Esq'", to be
Lieutenant-Colonel of the twenty-second regiment of militia
in this Colony.
This Assembly do appoint Elijah Fenton, Esq% to be Major
of the twenty-second regiment of militia in this Colony.
This Assembly do appoint Israel Putnam, Esq"", to be
Lieutenant-Colonel of the eleventh regiment of militia in this
Colony.
This Assembly do appoint William Danielson, Esq^, to be
Major of the eleventh regiment of militia in this Colony.
This Assembly do appoint John Douglas, Esq"", to be
Colonel of the twenty-first regiment of militia in this Colony.
This Assembly do appoint Obadiah Johnson, Esq"", to be
Lieutenant-Colonel of the twenty-first regiment in this Colony.
This Assembly do appoint James Gordon, Esq', to be Major
of the twenty-first regiment of militia in this Colonj*.
This Assembly do appoint Gold Silleck Silliman, Esq',
Lieutenant-Colonel of the fourth regiment of militia in this
Colony, in the room of Lieutenant-Colonel Johnson resigned.
This Assembly do appoint Capt. Agur Judson Major of the
fourth regiment of militia in this Colony, in the room of
Major Silliman promoted.
This Assembly do appoint Major John Eliott Lieutenant-
Colonel of the seventh regiment of militia in this Colony.
This Assembly do establish William Worthington, Esq',
to be Major of the seventh regiment of militia in this
Colony.
This Assembly do appoint Jedediah Huntington, Esq', to be
Colonel of the twentieth regiment of militia in this Colony.
This Assembly do appoint Samuel Abbott, Esq', to be
Lieutenant-Colonel of the twentieth regiment of militia in
this Colony.
This Assembly do appoint Zabdiel Rogers, Esq"", to be
Major of the twentieth regiment of militia in this Colony.
832 PUBLIC RECORDS [October,
[375] This Assembly do appoint Samuel Holden Parsons,
Esq'', Lieutenant-Colonel of the third regiment of militia in
this Colony.
This Assembly do appoint Samuel Selden, Esq"", to be
Major of the third regiment of militia in this Colony.
This Assembly do appoint the Hon^^^ Eliphalet Dyer, Esq'",
to be Colonel of the fifth regiment of militia in this Colony,
in the room of the Hon^''' Shubael Conant, Esq^, resigned.
This Assembly do appoint Maj' Jedediah Elderkin to be
Lieutenant-Colonel of the fifth regiment of militia in this
Colony, in the room of the Hon"'' Eliphalet Dyer, Esq"",
promoted.
This Assembly do appoint Capt. Experience Storrs to be
Major of the fifth regiment of militia in this Colony, in the
room of May Jedediah Elderkin promoted.
This Assembly do appoint Thomas Fitch, Esq"", to be Colo-
nel of the ninth regiment of militia in this Colony.
This Assembly do appoint Charles Webb, Esq"", to be
Lieutenant-Colonel of the ninth regiment of militia in this
Colony.
This Assembly do appoint John Mead, Esq"", to be Major
of the ninth regiment of militia in this Colony.
This Assembly do appoint Elizur Talcott, Esq^ to be Colo-
nel of the sixth regiment of militia in this Colony.
This Assembly do appoint Elisha Williams, Esq"", to be
Lieutenant-Colonel of the sixth regiment in this Colony.
This Assembly do appoint Mathew Talcott, Esq"", to be
Major of the sixth regiment of militia in this Colony.
This Assembly do appoint Capt. Jabez Thomson to be
Major of the second regiment of militia in this Colony, in
the room of Maj"" Baldwin resigned.
This Assembly do appoint Increase Mosely jun'' to be Major
of the thirteenth regiment of militia in this Colony.
This Assembly do appoint James Wadsworth jun"". Esq"", to
be Colonel of the tenth regiment of militia in this Colony,
in the room of Colo. Elihu Chauncey resigned.
This Assembly do appoint Jonathan Baldwin, Esq"", to be
Lieutenant-Colonel of the tenth regiment of militia in this
Colony, in the room of Lieut. Colo. Elihu Hall gone to Great
Britain.
This Assembly do appoint Reuben Atwater, Esq'", to be
Major of the tenth regiment of militia in this Colony, in the
room of Maj"" James Wadsworth jun"" promoted.
This Assembly do establish Sliem Burbank to be Captain
of the first company or trainband in the town of Suffield.
1774.] OF CONNECTICUT. 383
This Assembly do establish Moses Rowe to be Lieutenant
of the first company or trainband in the town of Snffield.
This Assembly do establish Samuel Spencer to be Ensign
of the first company or trainband in the town of Suffield,
[376] This Assembly do establish Eliphalet Holmes to be
Lieutenant of the 18th company or trainband in the 12tli
regiment in this Colony.
This Assembly do establish Asa Upson to be Captain of
the sixth company or trainband in the I5th regiment in this
Colony.
This Assembly do establish Joseph Byington to be Lieu-
tenant of the sixth company or trainband in the 15tli regi-
ment in this Colony.
This Assembly do establish David Newell to be Ensign of
the sixth company or trainband in the 15th regiment in this
Colony.
This Assembly do establish Stephen. Griggs to be Ensign
of the third company in the 11th regiment.
This Assembly do establish Stephen Utley to be Lieu-
tenant of the tenth company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish William Osgood to be Ensign
of the tenth company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Ebenezer Buckingham to be
Lieutenant of the 13th company or trainband in the second
regiment in this Colony.
This Assembly do establish Abijah Hide to be Ensign of
the 13th company or trainband in the second regiment in this
Colony.
This Assembly do establish Elisha Hall to be Captain of
the ninth company or trainband in the lOtli regiment in this
Colony.
This Assembly do establish Thomas Shepard to be Lieu-
tenant of the ninth company or trainband in the 10th regi-
ment in this Colony.
This Assembly do establish Caleb Atwater to be Ensign
of the ninth company or trainband in the tenth regiment in
this Colony.
This Assembly do establish Aaron Stevens to be Lieuten-
ant of the 12th company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Martin Lord to be Ensign of
the 12th company or trainband in the seventli regiment in
this Colony.
834 PUBLIC RECORDS [October,
Tills Assembly do establish William Stanton to be Captain
of the fifth company or trainband in the town of Stonington.
This Assembly do establish John Williams the 4th to be
Lieutenant of the fifth company or trainband in the town of
Stonington.
This Assembly do establish John Belcher to be Ensig-n of
the fifth company or trainband in the town of Stonington.
This Assembly do establish William Starr to be Ensign of
the first company or trainband in the third regiment in
this Colony.
This Assembly do establish John Avery jun^ to be Lieu-
tenant of the first company or trainband in the town of Pres-
ton.
This Assembly do establish Ebenezer Brewster to be En-
sign of the first company or trainband in the town of Pres-
ton.
This Assembly do establish Isaac Johnson to be Captain
of the third company or trainband in the town of Norwich.
This Assembly do establish Asa Kingsbury to be Lieuten-
ant of the third company or trainband in the town of Nor-
wich.
[377] This Assembly do establish Eli Hide to be Ensign
of the third company or trainband in the town of Norwich.
This Assembly do establish Andrew Lathrop to be Cap-
tain of the troop of horse in the third regiment in this Col-
ony.
This Assembly do establish Benjamin Throop jun'" to be
Lieutenant of the troop of horse in the third regiment in
this Colony.
This Assembly do establish Josiah Manning to be Cornet
of the troop of horse in the third regiment in this Colony.
This Assembly do establish Ebenezer Lathrop jun'" to be
Quarter-Master of the troop of horse in the third regiment
in this Colony.
This Assembly do establish Nathaniel Wheeler to be Cap-
tain of the second company or trainband in the town of Strat-
ford.
This Assembly do establish William Thomson to be Lieu-
tenant of the second company or trainband in the town of
Stratford.
This Assembly do establish Nehemiah Curtiss to be Ensign
of the second company or trainband in the town of Stratford.
This Assembly do establish Elijah Abel to be Captain of
the first company or trainband in the town of Fairfield.
This Assembly do establish Peter Hendrick to be Lieuten-
1774.] OP CONNECTICUT. 335
ant of the first company or trainband in the town of Fair-
field.
This Assembly do establish Seth Silliman to be Ensign of
the first company or trainband in the town of Fairfield.
This Assembly do establish Edward Burroughs to be En-
sign of a company or trainband in the society of Stratfield in
the fourth regiment in this Colony.
This Assembly do establish David Beard to be Captain of
a company or trainband in Ripton in the fourth regiment in
this Colony.
This Assembly do establish Beach Tomlinson to be Lieu-
tenant of a company or trainband in Ripton in the fourth
regiment in this Colony.
This Assembly do establish Nathaniel Blackman to be
Ensign of a company or trainband in Ripton in the fourth
regiment in this Colony.
This Assembly do establish Bezaleel Brown to be Lieu-
tenant of the middle company or trainband in the town of
Greenwich.
This Assembly do establish Ebenezer Mead jun"" to be En-
sign of the middle company or trainband in the town of Green-
wich.
This Assembly do establish Abraham Gray to be Lieuten-
ant of the eighth company or trainband in the 16th regi-
ment in this Colony.
This Assembly do establish Benjamin Stevens to be Cap-
tain of the first company or trainband in the town of Canaan.
This Assembly do establish Timothy Moses to be Lieuten-
ant of the first company or trainband in the town of Canaan.
This Assembly do establish Jesse Kimball to be Ensign
of the first company or trainband in the town of Canaan.
This Assembly do establish Increase Mosely jun'', to be
Captain of the north company or trainband in the society of
Southbury in the 13tli regiment in this Colony.
[378] This Assembly do establish John Hinman to be Lieu-
tenant of the north company or trainband in the society of
Southbury in the 13th regiment in this Colony.
This Assembly do establish William French to be Ensign
of the north company or trainband in the society of South-
bury in the 13th regiment in this Colony.
This Assembly do establish Thomas Bull to be Captain of
the troop of horse in the 13th regiment in this Colony.
This Assembly, do establish James Judson to be Lieuten-
ant of the troop of horse in the 13th regiment in this Colony.
336 PUBLIC RECORDS [October,
This Assembly do establish Agur Curtis to be Cornet of
the troop of horse in the 18th regiment in this Colony.
This Assembly do establish Gideon Martin to be Quarter-
Master of the troop of horse in the 13th regiment in this
Colony.
This Assembly do establish Adonijah Griswold to be Cap-
tain of the second company or trainband in the town of
Sharon.
This Assembly do establish James Pardee to be Lieutenant
of the second company or trainband in the town of Sharon.
This Assembly do establish Joseph Gregory to be Ensign of
the second company or trainband in the town of Sharon.
This Assembly do establish Daniel Clark to be Ensign of
the first company or trainband in the lltli regiment in this
Colony.
This Assembly do establish Andrew Backus to be Captain
of the eighth company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Joshua Dunlap to be Lieuten-
ant of the eighth company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish Abraham Shepard to [be] En-
sign of the eighth company or trainband in the 11th regiment
in this Colony.
This Assembly do establish Samuel Morgan to be Captain of
the third company or trainband in the fifth regiment in this
Colony.
This Assembly do establish John Kingsleyto be Lieutenant
of the third company or trainband in the fifth regiment in
this Colony.
This Assembly do establish Jonah Palmer to be Ensign of
the third company or trainband in the fifth regiment in this
Colony.
This Assembly do establish Simeon Allen to be Lieutenant
of the second company or trainband in the town of Groton.
This Assembly do establish William Williams jun"" to be
Lieutenant of the fourth company or trainband in the town
of Groton.
This Assembly do establish Samuel Williams the 3d to be
Ensign of the 4th company or trainband in the town of
Groton.
This Assembly do establish Elihu Lawrence to be Ensign
of the fourth company or trainband in the 11th regiment in
this Colony.
This Assembly do establish Amaziah Wright to be Lieu-
1774.] OP CONNECTICUT. ' 337
tenant of the 10th company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish Jesse Waldo to be Ensign of
the 10th company or trahiband in the fifth regiment in this
Colony.
[379] This Assembly do establish Samuel Thomson to be
Captain of the 19th company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish Richard Fletcher to be Lieu-
tenant of the 19th company or trainband in the fifth regiment
in this Colony.
This Assembly do establish Joseph Hovey jun^ to be
Ensign of the 19th company or trainband in the fifth regi-
ment in this Colony.
Tins Assembly do establish Zephaniah Alden to be Lieu-
tenant of the seventh company or trainband in the fifth regi-
ment in this Colony.
This Assembly do establish Solomon Washbon jun'" to be
Ensign of the seventh company or trainband in the fifth
regiment in this Colony.
This Assembly do establish Jonathan Morriss to be Lieu-
tenant of the 16th company or trainband in the 11th regi-
ment in this Colony.
This Assembly do establish Richard Peabody to be Ensign
of the 16th company or trainband in the 11th regiment in this
Colony.
This Assembly do establish Samuel Baldwin to be Lieu-
tenant of the eleventh company or trainband in the second
regiment in this Colony.
This Assembly do establish Stephen Palmer to be Ensign
of the 11th company or trainband in the second regiment in
this Colony.
This Assembly do establish Stephen Yale to be Captain of
the first company or trainband in the lOtli regiment in this
Colony. -
This Assembly do establish Abraham Stanly jun"' to be
Lieutenant of the first company or trainband in the 10th regi-
ment in this Colony.
This Assembly do establish Amos Hall to be Ensign of the
first company or trainband in the 10th regiment in this
Colony.
This Assembly do establish John Gilbert to be Lieutenant
of the 17th company or trainband in the second regiment in
this Colony.
This Assembly do establish Joseph Mansfield jun"" to be
43
838 PUBLIC RECORDS [October,
Ensign of the 17th company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Lemuel Roberts to be Captain
of tlie ninth company or trainband in the town of Symsbui-y.
This Assembly do establish Abraham Pinney jnn'' to be
Lieutenant of the 9th company or trainband in the town
of Symsbury.
This Assembly do establish Jonathan Pinney to be Ensign
of the 9th company or trainband in the town of Symsbury.
This Assembly do establish Peletiah Allyn to be Captain
of a company or trainband in the town of Barkhemsted in tlie
18th regiment in this Colony.
This Assembly do establish Israel Jones to be Lieutenant
of a company or trainband in the town of Barkhemsted in the
18th regiment in this Colony.
This Assembly do establish John Norton to be Ensign of a
company or trainband in the town of Barkhemsted in the
18th regiment in this Colony.
Tliis Assembly do establish Jonathan Buttolph to be Cap-
tain of a company or trainband in Southwick and tlie Wedge
of Land, so called, in the 18th regiment in this Colony.
This Assembly do establish Silas Holcomb to be Lieuten-
ant of a company or trainband in Southwick and the Wedge
of Land, so called, in the 18th regiment in this Colony.
[380] This Assembly do establish Ephraim Holcomb to
be Ensign of the company or trainband in Southwick and the
Wedge of Land, so called, in tlie 18th regiment in this Colony.
This Assembly do establish Benjamin Hutchins to be Cap-
tain of a company or trainband on the east side the river in
Hartland in the 18th regiment in this Colony.
This Assembly do establish Thomas Beament to be Lieu-
tenant of a company or trainband on the east side the river
in Hartland in the 18tli regiment in this Colony.
This Assembly do establish Uriel Holmes to be Ensign of
a company or trainband on the east side the river in Hart-
land in the 18th regiment in this Colony.
This Assembly do establish Abel Brace to be Captain of a
company or trainband on the west side the river in Hartland
in tlie 18th regiment in this Colony.
This Assembly do establish Elizur Ensign to be Lieutenant
of a company or trainband on the west side the river in
Hartland in the 18th regiment in this Colony.
This Assembly do establish Theodore Woodbridge to be
Ensign of a company or trainband on the west side the river
in Hartland in the 18th regiment in this Colony.
1774.] OF CONNECTICUT. 339
This Assemhlj do establish Joseph Rockwell to be Captain
of a company or trainband in the town of Colebrook in the
18th regiment in this Colony.
This Assembly do establish Samuel Rockwell to be Lieu-
tenant of a company or trainband in the town of Colebrook
in the 18th regiment in this Colony.
This Assembly do establish Joseph Seymour to be Ensign
of a company or trainband in the town of Colebrook in the
18th regiment in this Colony.
This Assembly do establish Ezekiel Jones to be Ensign of
the first company or trainband in the town of Saybrook.
This Assembly do establish Amos Cowles to be Lieutenant
of the troop of horse in the 15th regiment in this Colony.
This Assembly do establish Seth Deming to be Cornet of
the troop of horse in the 15th regiment in this Colony.
This Assembly do establish Eli Willson to be Quarter-
Master of the troop of horse in the 15th regiment in this
Colony.
This Assembly do establish Joshua Ransom jun'' to be
Ensign of the 11th company or trainband in the 12th regi-
ment in this Colony.
This Assembly do establish Simeon Strong to be Lieutenant
of the first company or trainband in the 15th regiment in this
Colony.
This Assembly do establish John Porter jun'" to be Ensign
of the first company or trainband in the 15th regiment in this
•Colony.
This Assembly do establish Jesse Moss to be Captain of
the 17th company or trainband in the 10th regiment in this
Colony.
This Assembly do establish Nathaniel Bunnel to be Lieu-
tenant of the 17th company or trainband in the 10th regiment
in this Colony.
This Assembly do establish Titus Moss to be Ensign of
the 17th company or trainband in the lOth regiment in this
Colony.
This Assembly do establish Samuel Hull the third to be
Lieutenant of the fifth company or trainband in the lOtli
regiment in this Colony.
This Assembly do establish Joseph Newton to be Ensign
of the fifth company or trainband in the 10th regiment in this
Colony.
[381] This Assembly do establish Benjamin Richards to
be Captain of the 13th company or trainband in the 10th regi
ment in this Coloiiy.
340 PUBLIC RECORDS [October,
This Assembly do establish Nathaniel Edwards to be Ensign
of the loth company or trainband in the 10th regiment in this
Colony.
This Assembly do establish Michael Dayton to be Captain of
the seventh company or trainband in the 10th regiment in this
Colony.
This Assembly do establish Stephen Mathews to be Lieu-
tenant of the seventh company or trainband in the 10th regi-
ment in this Colony.
This Assembly do establish Thomas Fenn to be Ensign of
tlie seventh company or trainband in the 10th regiment in this
Colony.
This Assembly do establish Noah Phelps to be Captain of
the troop of horse in the 18th regiment in this Colony.
This Assembly do establish Uriah Seymour to be Lieuten-
ant of the troop of horse in the 18th regiment in this Colony.
This Assembly do establish Edward Russell to be Captain
of the third company or trainband in the second regiment in
this Colony.
This Assembly do establish Timothy Frisbie to be Lieuten-
ant of the third company or trainband in the second regiment
in this Colony.
This Assembly do establish Stephen Potter to be Ensign
of the third company or trainband in the second regiment in
this Colony.
This Assembly do establish Nathaniel Barns to be Captain
of the tenth company or trainband in the tenth regiment in
this Colony.
This Assembly do establish Lazarus Ives to be Lieutenant
of the tenth company or trainband in the tenth regiment in
this Colony.
This Assembl}^ do establish James Warner to be Ensign
of the tenth company or trainband in the tenth regiment in
this Colony.
This Assembly do establish David Dimon to be Captain of
the second company or trainband in the town of Fairfield.
This Assembly do establish Eliphalet Thorp to be Lieuten-
ant of the second company or trainband in the town of
Fairfield.
This Assembly do establish Samuel Penfield to be Ensign
of the second company or trainband in the town of Fairfield.
This Assembly do establish Ebenezer Dutton to be Captain
of the 16th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Nathan Jewett to be Lieuten-
1774.] OF CONNECTICUT. 341
ant of the IGtli company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Isaac Spencer to be Ensign
of the 16th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Ezekiel Hull to be Lieutenant
of the 2d troop of horse in the 4th regiment in this Colony.
This Assembly do establish Stephen Betts to be Cornet of
the 2d troop of horse in the 4th regiment in this Colony.
[382] This Assembly do establish Jonathan Silliman to be
Quarter-Master of tlie 2d troop of horse in the fourth regi-
ment in this Colony.
This Assembly do establish Lee Lay to be Lieutenant of
the south company or trainband in the town of Lyme.
This Assemoiy do establish Joseph Jewett to be Captain
of the company or trainband in Lyme made out of the 3d
company in said town of Lyme.
This Assembly do establish Abner Lord to be Lieutenant
of a company or trainband in Lyme made out of the 3d com-
pany in said town of Lyme.
This Assembly do establish John Griffing to be Ensign of
a company or trainband in Lyme made out of the 3d com-
pany in said town of Lyme.
This Assembly do establish Hezekiah Brown to be Captain
of the 12tli company or trainband in the 10th regiment in this
Colony.
This Assembly do establish Isaac Benliam to be Lieutenant
of the 12tli company or trainband in the lOtli regiment in
this Colony.
This Assembly do establish Ephraim Warner to be Ensign
of the 12th company or trainband in the 10th regiment in
this Colony.
This Assembly do establish Noah Ives to be Captain of the
12th company or trainband in the second regiment in this
Colony.
This Assembly do establish Ephraim Humaston to be Lieu-
tenant of the 12th company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Daniel Basset to be Ensign
of the 12th company or trainband in the second regiment
in this Colony.
This Assembly do establish Christopher Ailing to be Cap-
tain of the fifth company or trainband in the second regi-
ment in this Colony.
This Assembly do establish Phineas Porter to be Captain of
342 PUBLIC RECORDS [October,
the second company or trainband in the 10th regiment in
this Colony.
This Assembly do establish Reuben Blackslee to be Lieu-
tenant of the second company or trainband in the tenth
regiment in this Colony.
This Assembly do establish Isaac Brownson jun"" to be
Ensign of the second company or trainband in the 10th regi-
ment in this Colony.
This Assembly do establish John Hough to be Lieuten-
ant of the sixth company or trainband in the 10th regiment
in this Colony.
This Assembly do establish Nathaniel Merriam jun'' to be
Ensign of the sixth company or trainband in the 10th regi-
ment in this Colony.
This Assembly do establish John Cumstock jun'' to be
Lieutenant of the seventh company or trainband in the town
of New London.
This Assembly do establish Daniel Cone to be Lieutenant
of the second company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Amos Brunson to be Captain
of the fourteenth company or trainband in the 10th regiment
in this Colony.
[383] This Assembly do establish Samuel Scovil to be
Ensign of the 14th company or trainband in the 10th regi-
ment in this Colony.
This Assembly do establish Eli Mygatt to be Captain of
the first company or trainband in the 16th regiment in this
Colony.
This Assembly do establish Joseph Hamilton ]un^ to be
Lieutenant of the tirst company or trainband in the 16th regi-
ment in this Colony.
This Assembly do establish James 'Clark to be Ensign of
the first company or trainband in the 16th regiment in this
Colony.
This Assembly do establish Enoch Baldwin to be Captain
of the troop of horse in the second regiment in this Colony.
This Assembly do establish Isaac Treat to be Lieutenant
of the troop of horse in the second regiment in this Colony.
This Assembly do establish Enoch Woodruff to be Cornet
of the troop of horse in the second regiment in this Colony.
This Assembly do establish Lemuel Hotchkiss to be
Quarter-Master of the troop of horse in the second regiment
in this Colony.
This Assembly do establish David Phelps to be Lieuten-
1774.] OF CONNECTICUT. 343
ant of the second company or trainband in the town of Syms-
bury.
This Assembly do establish Daniel Lyon to be Captain of
the company of grenadiers raised in the towns of Pomfret,
Woodstock and Killingley.
This Assembly do establish Stephen Brown to be Lieuten-
ant of the company of grenadiers raised in the towns of Pom-
fret, Woodstock and Killingley.
This Assembly do establish Nathaniel Brown jmv to be
Ensign of the company of grenadiers raised in the towns of
Pomfret, Woodstock and Killingley.
Tiiis Assembly do establish Return Jonathan Meigs to be
Captain of the company of light infantry in the 6th regiment
in this Colony,
This Assembly do establish Nathaniel Shayler to be Lieu-
tenant of the company of light infantry in the 6th regiment
in tliis Colony.
This Assembly do establish Jabez Hamlin jun"" to be En-
sign of the company of light infantry in the sixth regiment
in this Colony.
Resolved hy this Assembly, That the several towns in this
Colony be ordered, and they are hereby ordered, to provide
as soon as may be double the quantity of powder, ball and
flints that they were heretofore bylaw obliged to provide;
under the same directions and penalties as by law already
provided.*
Resolved by this Assembly, That his Honor the Governor
be and he is hereby desired, to cause six hundred copies of
tiie Queries from the Secretary of State, dated fifth of July,
1773, and the Answers thereto prepared by his Honor and
laid before this Assembly, to be printed, and cause the same
to be distributed to the several towns in this Colony, in pro-
portion to their list of estates. f
* By an act passed in May, 1741, ante, vol. viii, p. 386, every town was
ordered to provide and keep on hand after tlie proportion of not less than
fifty pounds of good powder, two hundred weight of bullets, and three
hundred flints, for every sixty listed soldiers.
Statutes, revision of 1750 or edition of 1769, p. 163.
f At the October session, 1773, Wm. Sam'] Johnson, Gen. Lyman,
Maj. Wadsworth, Maj. Parsons, Col. T. Fitch, Capt. Jabez Huntington;
and Mr. Sherman, were appointed a committee to consider the Earl of
Dartmouth's letter of July 5th. They recommended that the Governor
be desired to transmit to the selectmen and other proper persons in the
respective towns such inquiries as he should judge necessary, and, upon
receiving materials, to draw up proper answers to the queries transmitted
by his Lordship and lay the same before the Assembly for their consider-
ation.— TFar, X, 430, 431.
The Queries and Answers are reprinted in the Appendix, but the returns
344 PUBLIC RECORDS [October,
[384] Whereas a certificate or return of the additions to
the general list and the fourfold assessments made upon the
inhabitants of the town of Woodstock the last year happened
to be omitted or mislaid in May last, so that the Treasurer of
tliis Colony has not issued any warrant to collect the public
from New Haven and New London given below afford some informiition
not embraced in the general answers. They were printed in 12th Mass.
Historical Society's Collections, 217-20, from the Trumbull Papers.
From Colonel David Wooster.
New Haven 16 May, 1774.
Sir: I have your Honor's letter before me of the 18th of February last,
and for answer:
I. The latitude of New Haven is 41° 18' north, and long. 73° 30' west
from London, taken l)y good observations.
5. New Haven has the principal harbor in the western part of the Col-
ony, situated north and south, half a mile wide at the entrance, and from
the entrance to the town four miles, having two fathoms and an half
water at low water, and three fathoms and four feet at common tides, and
very good anchorage.
7. The trade from this part of the Colony is entirely to the West India
Islands, and the exports are horses, oxen, pork, beef, tallow, and lumber,
and the imports West India produce. The shipping belonging to this
port are one hundred and eight vessels, consisting of brigantines, sloops
and schooners, amounting to seven thousand one hundred and seventy
tons, carpenter's measure. The number of seafaring men are seven
hundred and flf ty-six. As for their increase or diminution I must refer
your Honor to the last return, ten 5^ ears ago.
8. British manufactures and India goods, imported annually from Great
Britain into the port of New Haven, on an average amount to about
£4000 sterling; for which remittances are made in pot and pearl ashes
and bills of exchange. European and India goods taken from Boston and
New York annually amount to about £40,000 sterling, for which remit-
tances are made in pork, beef, wheat, rye, indian corn, flax-seed, pot and
pearl ashes.
9. We trade with no foreign plantation, except the French islands in
the West Indies, nor to any parts of Europe but Great Britain. We
carry to the French plantations horses, oxen and lumber, and receive in
return sugar and molasses, to the amount of about £3000 sterling annu-
ally, on an average.
10. The methods to prevent illegal trade are, the custom-house officers
go on board all vessels as soon as they come into port, and after due
search being made thej' report to the King's collector the cargo on board,
which proves very effectual.
II. The natural produce of the country is wheat, rye, indian corn and
flax; the staple commodities are pork, beef, wheat, rye, indian corn, flax-
seed, pot and pearl ashes. Our manufactures are coarse linens and
woollens for the poorer sort of people and servants, also iron-mongery,
but we export none.
From Jeremiah Miller Esq''.
Answer 1. The latitude of New London, the best harbour in Connecti-
cut, is by observation 41° 35' north, and longitude 4''° 45'" west from Lon-
don, that is, 71° 15' west from London, by observation of the eclipses of
the moon, calculated by Hallej^'s tables.
4. New London, as above, is one of the principal harbours, and opens to
the south ; and from the light house at the mouth of the harbour to the
town is about three miles, and a bieadth of three fourths of a mile and
more in some places, from 5 to 6 fathoms water, a clear bottom, tough
1774.] OF CONNRCTICUT. 3 »5
tax that would arise thereon, and said additions and fourfold
assessments beino; now properly certified: the first amounting
to the sum of X1137 0, and the latter to the sum of X857
8 : Resolved by this Assembly, that the Treasurer do and
shall receive, add and include the same in such warrant as
he hath already issued for the recovery of any public taxes
granted to be levied upon said inhabitants, as thougli the
same had been duly returned in May last. And the Secre-
tary is also ordered and directed, to enter the aforesaid sums
in the public records of this Colony.
ooze, and entirely secure and commodious one mile above the town for
large ships.
7. The principal trade of this government is to the West India islands,
excepting now and then a vessel to Ireland with flax seed, and to England
with lumber and pot ashes, and a few to Gibraltar and Barbarj^. There is
72 sail of vessels now belonging to this district, amounting to 3247 tons,
in whicli there are 406 seafaring men employed, besides upwards of 20 sail
of coasting vessels, that employ about 90 seamen. On comparing, the
trade is on the decrease; for in tbe year 1763 there were 79 sail of vessels
belonging to this district, a difference of 7 sail.
8. It is impossible to enumerate the various sorts of British manufact-
ures that are here imported ; but in general almost every sort is consumed,
here, which we have principally from New York and Boston, to the
amount, upon a medium, from the best information I can get, of £150,000
or 150,000 sterling ^jf?' annvm.
9. Besides the English islands, (which supply this government with more
than its home consumption of rum and sugar,) it has a trade with the
French and Dutch West Indies, Gibraltar and Barbary. Those vessels
that go to the French and Dutch plantations carry horses, cattle, sheep,
hogs, provisions and lumber; tho.se for Gibraltar and Barbary carry flour,
lumber. New England rum, and stores for muling, the whole annual
amount of which (I should think) about £.50,000 sterling; for which we
receive molasses, cocoa, cotton and some sugar, and from the Dutch plan-
tations bills of exchange; and the mules from Barbar^'' are generally sold in
the West Indies for bills of exchange, the most of which importation and
bills goes to New York and Boston, to pay for the British goods this gov-
ernment receives from those places.
10. The custom-house ofBcers here are attentive to their duty, besides
which this harbour is so situated that the coming in from sea is between
the east end of Long Island and Block Island, and by the west end of
Fisher's Island, where the king's cruisers are generally upon the look
out, and very critical in examining the vessels they meet with.
11. The natural produce of this country is timber, iron and copper ore,
myrtle-wax, &c. The produce and staple commodities are Indian corn,
wheat, rye, beef, pork, flax, flax seed, oats, beans, peas, potatoes, cheese,
cider, apples, &c., which articles are carried in the coasting ve.ssels to
New York, Boston, Philadelphia, Virginia and Carolina, to what value is
very diflicult to determine, i)ut I should think to at least £20,000 sterling,
which with the £50,000 sterling in the foreign trade, makes, on this esti-
mation, the annual amount of exportation from this district £70,000 sterling.
It is evident the whole falls short of paying for the British manufactures
we receive, as many of our traders have failed, and the New Yorkers have
taken their landed interest in this Colony in payments to a very consid-
erable amount. The chief manufactures are pot and pearl ashes, bar-
iron, and necessary implements for husbandry, &c.
44
346 PUBLIC RECORDS [October,
Resolved hy this Assemlly, That proper carriages for the
cannon at New London be procured and properly mounted,
and that the arms and accoutrements m store there be
cleansed, repaired and kept fit for service, and that a suita-
ble quantity of powder and cannon-ball be speedily provided ;
and that Jabez Huntington and Joseph Spencer, Esq'% be a
committee for the purpose aforesaid, to view and examine
the state of the battery at said New London, and to report
their opinion as to the expediency of repairing the same, and
in what manner, and the amount of the expence thereof.
Whereas a sum of money is necessary for payment of
incident charges of government :
Be it therefore eTiaeted hy the Crovernor, Council and Bepre-
sentatives, in General Court assembled^ and ly the authority of
the same, That there be forthwith imprinted the sum of fif-
teen thousand pounds in bills of credit on this Colony, equal
to lawful money, of suitable denominations as the committee
herein appointed shall direct, and of the same tenor with the
late emission of bills of credit of this Colony, without interest,
payable at or before the second day of January, 1777, and
dated the second day of January, 1775. And William Pit-
kin, George Wyllys, Elisha Williams, Benjamin Payne and
Thomas Seymour, Esq", or any three of them, are appointed
'a committee for the purpose aforesaid, to take care that said
bills be imprinted with all convenient speed, and to sign and
deliver the same to the Treasurer of this Colony, taking his
receipt therefor. And the said committee shall be sworn to
a faithfull discharge of their trust. And the said Treasurer
is hereby directed to pay out said bills according to the orders
of Assembly.
And for providing an ample and sufficient fund to call in,
sink, and discharge the aforesaid sum to be emitted as afore-
said:
Be it enacted hy the authority aforesaid, That a tax of one
penny on the pound be and is hereby granted and ordered to
\>Q levied on all the polls and rateable estate in this Colony
according to the list thereof brought in to this Assembly, Oc-
tober, A.D. 1774, with the additions; and also a further tax of
one penny on the pound be and is hereby granted and ordered
to be levied on all the polls and rateable estate in this Colony
according to the list thereof to be brought in to this Assem-
bly in October, 1775, with the additions; which taxes shall
be collected and paid into the treasury of this Colony, viz:
one-half by the last day of December, 1775, and the other
half by the last day of December, 1776 ; which taxes may be
1774.] OF CONNECTICUT. 847
discharged by paying the bills emitted by the Colony or law-
ful money; and the Treasurer of this Colony is hereby ordered
and directed to send forth his warrants for collecting the
same accordingly.
By the Rouse of Representatives of the English Colony of
Connecticut^ second Thursday of May ^ 1774.
This House, taking into their serious consideration sundry
acts of the British Parliament, in which the power and right
[385] to impose duties and taxes || upon his Majesty's subjects
in the British Colonies and Plantations in America, for the
purpose of raising a revenue only, are declared, attempted to
jae exercised, and in various ways enforced and carried into
execution, and especially a very late act in which pains and
penalties are inflicted on the capital of a neighbouring Pro-
vince, a precedent justly alarming to every British Colony in
America, and which being admitted and establislied, their
lives, liberties and properties are at the mercy of a tribunal
where innocence may be punished upon the accusation and
evidence of wicked men, without defence and even without
knowing its accusers; a precedent calculated to terrify them
into silence and submission whilst they are stripped of their
invaluable rights and liberties ; do think it expedient and their
duty at this time, to renew their claim to the rights, privi-
leges and immunities of Freeborn Englishmen, to which they
are justly intituled by the laws of nature, by the royal grant
and charter of his late Majesty King Charles the second, and
by long and uninterrupted possession, and thereupon do
declare and resolve as follows, to wit :
1. In the first place: We do most expressely declare,
recognize and acknowledge, liis Majesty King George the
third to be the lawful and rightful King of Great Britain and
all other his dominions and countries, and that it is the indis-
])ensible duty of the people of this Colony, as being part of his
Majesty's dominions, always to bear faithful and true allegi-
ance to his Majesty, and him to defend to the utmost of their
power against all attempts upon his person, crown and dignity.
2. That the subjects of his Majesty in this Colony ever
have had, and of right ought to have and enjoy, all the liber-
ties, immunities and privileges, of fi'ee and natural born sub-
jects within any of the dominions of our said King, his heirs
and successors, to all intents, constructions and purposes
whatsoever, as fully and amply as if they and every of them
were born within the realni of England. That they have a
3-t8 PUBLIC RECORDS [October,
property in their own estate, and are to be taxed by their
own consent only, given in person or by tlieir representatives,
and are not to be disseized of their liberties or free customs,
sentenced or condemned, but by lawful judgment of their
peers; and that the said rights and immunities are recognized
and confirmed to the inhabitants of this Colony by the royal
grant and charter aforesaid, and are their undoubted right,
to all iutents, constructions and purposes whatsoever,
3. That the only lawful representatives of the freemen of
this Colony are the persons they elect to serve as members of
the General Assembly thereof.
4. That it is the just right and privilege of his Majesty's
liege subjects of this Colony, to be governed by their General
Assembly in the article of taxing and internal police, agree-
able to tiie powers and privileges recognized and confirmed
in the royal charter aforesaid, which they have enjoyed for
more than a century past, and have neither forfeited nor
surrendered, but the same have been constantly recognized
by the King and Parliament of .Great Britain.
5. Hiat the erecting new and unusual Courts of Admi-
ralty, and vesting them with extraordinary powers above and
not subject to the controul of the common-law courts in this
Colony, to judge and determine in suits relating to the duties
and forfeitures contained in said acts, foreign to the accus-
tomed and established jurisdiction of the former courts of
admiralty in America, is in the opinion of this House highly
dangerous to the liberties of his Majesty's American subjects,
contrary to the great charter of English liberty, and destruc-
tive of one of their most darling rights, that of Tryal by
Juries, which is justly esteemed one chief excellence of the
British constitution and a principal bulwark of English
liberty.
6. That the apprehending and carrying persons beyond
the sea, to be tryed for any crime alleged to be committed
within this Colony, or subjecting them to be tryed by commis-
sioners or any court constituted by act of Parliament or other-
ways within this Colony in a summary way, without a jury, is
unconstitutional and subversive of the liberties and rights of
the free subjects of this Colony.
7. That any Harbour or Port duly opened and constituted
cannot be shut up and discharged but by an act of the legis-
lature of the Province or Colony in wliich such port or har-
bour is situated without subverting the rights and liberties
and destroying the property of his Majesty's subjects.
8. That the late act of Parliament inflicting pains and
1774.] OP CONNECTICUT. 349
penalties on the town of Boston, by blocking np their har
hour, is a precedent justly alarming to tlie British Colonies
in America, and wholly inconsistent with and subversive of
their constitutional rights and liberties.
[386] 9. That whenever his Majesty's service shall
require the aid of the inhabitants of this Colony, the same
fixed principles of loyalty as well as self-preservation, which
have hitherto induced us fully to comply with his Majesty's
requisitions, together with the deep sence we have of its
being our mdispensible duty, in the opinion of this House,
will ever hold us under the strongest obligations which can
be given or desired, most chearfully to grant his Majesty
from time to time our further proportion of men and money
for the defence, protection, security and other services of the
British American dominions.
10. That we look upon the well-being and greatest secur-
ity of this Colony to depend (under God,) on our connections
with Great Britain, which is ardently wished may continue
to the latest posterity ; and that it is the humble opinion of
this House that the constitution of this Colony being under-
stood and practised upon as it has ever since it existed till
very lately, is the surest band of union, confidence and
mutual prosperity of our mother country and us, and the best
foundation on which to build the good of the whole, whether
considered in a civil, military or mercantile light ; and of the
truth of this opinion we are the more confident, as it is not
founded on speculation only but has been verified in fact and
by long experience found to produce, according to our extent
and other circumstances, as many loyal, virtuous, industrious
and well governed subjects as any part of his Majesty's
dominions, and as truly zealous, and as warmly engaged to
promote the best good and real glory of the grand whole
which constitutes the British Empire.
11. That it is an indispensible duty which we owe to our
King, our country, ourselves and our posterity, by all lawful
ways and means in our power, to maintain, defend and pre-
serve these our rights and liberties, and to transmit them
entire and inviolate to the latest generations ; and that it is
our fixed, determined and unalterable resolution faithfully to
discharge this our duty.
In the Lower House :
The foregoing Resolutions being read distinctly three sev-
eral times and considered, were voted and passed with great
unanimity. And it is further voted and requested by this
350 PUBLIC RECORDS [October,
House, that the same be entered on the records and remahi
in the files of tlie General Assembly of this Colony.
Te$t. William Williams, Clerk D. E,.
In the Upper Mouse.
The consideration of the request of the Lower House, that
the aforesaid Resolutions should be entered on the records of
the Assembly &c., is referred to the General Assembly to be
holden at New Haven on the second Thursday of October
next.
Tent. George Wyllys, Secr'ty.
General Assembly, October second Thursday^ A.D. 1774.
In the Uijper House : On further consideration &c., it is
agreed and consented to, that the foregoing Resolutions,
according to the request of the Lower House, be entered on
the records and remain on the files of the General Assembly
of this Colony.
Test. George Wyllys, Secr'ty.
The committee appointed by this Assembly at their sessions
at Hartford in May last on the memorial of the Mohegan Li-
dians, having made their report to this Assembly, and the
same having been accepted and approved :
It is now resolved, Tliat the. following instructions and reg-
ulations be given, and they are herelty given, to the overseers
for the time being appointed or to be appointed by this
Assembly for said Mohegan Indians.
1. That the said overseers at all times treat the said In-
dians with paternal care and tenderness, and hold themselves
obliged to assist tliem by their friendly and parental advice.
21y. That the said overseers have full power and author-
ity, and they are hereby autliorized and impowered, in the
name of said Indians to institute, bring forward and prose-
cute to final judgment and execution, any suit or action
against any person or persons that shall commit any trespass
on the lands or possessions of the said Mohegan Indians, and
shall be accountable for any sum or sums of money they may
recover.
Sly. If any Indian shall trespass upon the lands, goods or
possessions of any other Indian, upon complaint thereof
made to said overseers they, or any two of them, are hereby
ordered and directed to notify the parties to appear before
[387] them at such time and place as they shall ||- appoint,
when and where they shall proceed to hear and determine
the case between them, and award such damages as they
shall think just and reasonable to the party injured; and
1774.] OF CONNECTICUT. 351
if the person adjudged to pay damages shall neglect or refuse
to pay the same, the said overseers are hereby impowered
to stop so much of the then next dividend of reiit-money
belonging to such person so refusing, and pay and deliver
the same over to him or them to whom the same may be
awarded, in satisfaction of such award.
41y. When it shall so happen that any particular Indian
or Indians shall want to take up any land for improvement
in severalty, such person or persons shall apply to said over-
seers, who are hereby impowered to set out by meets and
bounds to such person or persons such a quantity of land for
improvement as they shall think just and reasonable ; and.
whoever shall enter on any land without the approbation of
said overseers shall be deemed trespassers.
51y. And whereas since the death of their late sachem
and their declining to choose a successor there will be money
due for rent of lands to the said Indians as a common and
undivided interest, the said overseers are hereby directed to
distribute the same to and among the families of said Indians,
after deducting such sums as the said Indians shall agree
upon or shall be found necessary for the relief of the poor
among them and other public charges, and so from time to
time hereafter as they shall have the common interest in
their hands, observing as much as may be an equality among
the families, and where any receive more benefit in the
improvement of the land, it shall be considered in the distri-
bution of the rent money.
61y. And no person to cut or carry away any timber,
wood or stones, except for their own buildings, firing and
fences, without liberty from the overseers, upon the penalty
said overseers shall lay upon them, not exceeding for each
offence treble the value of the timber, wood or stone so cut
or carried away.
Upon the petition of John Hartell of New London and
others his creditors, shewing to this Assembly that in June
last he, the said Hartell, loaded a sloop for the West Indies,
and in going out of the harbour in New London slie was
providentially lost, whereby he is rendered unable to pay his
just debts ; that about five sixths in number and. about nine
tenths in value of his creditors have agreed to give him a
letter of licence for ten years without interest, to enable him
to go into business again and at the expiration of that time
to pay all his just debts, but some few of his creditors refuse
any composition with him; praying that his person and.
estate may be protected from arrests or being liable to pay
352 PUBLIC RECORDS [October,-
his said debts for the term of ten years, according to the
agreement of the major part of said Hartell's creditors ; as
per petition on file : Resolved by this Assembly, that said
Hartell be and he is hereby protected from any snit, judg-
ment or execution, or imprisonment for or on account of any
debt from him now due and oweing ; and no judgment shall
be rendered in any court of law or equity within this Colony
for the recovery of any of said debts, but from any recovery
of all and every such debts his said creditors shall all be
secluded for and during the term of ten years from the second
day of July, 1774. And the estate of said John shall not be
liable to be taken in execution or be attached for the payment
or securing any such debts to his said creditors during said
term, and no future interest on any of said debts which shall
arise during said ten years shall be recovered of said John
after the expiration of said term of ten years.
Upon the petition of Nathan Douglas of New London,
praying for an act of insolvency &c., as per petition on file :
Resolved by this Assembly, that the consideration of this
petition be referred to the General Assembly to be holden at
Hartford in May next, and that the body and estate of the
petitioner be exempted from arrest until the rising of the
Assembly in May next, and that the suits at law already
commenced against him shall not be affected thereby.
Upon the petition of Ephraim Peet of Stratford, shewing
to this Assembly that he is largely indebted to divers persons,
both in this Colony as well as to persons living out of it, and
that by a series of misfortunes and accidents that have hap-
pened to him in the course of his business he is and has
become insolvent, and that he has been striving to the utmost
of his power to get into circumstances to do justice to his
[388] creditors, but that being || incumbered with a large
and chargeable family, and his debts being principally on
interest, he finds all his endeavours do not avail him, but that
his circumstances rather grow worse, and that he has ac-
quainted his creditors herewith, and from a sincere desire to
do them all the justice in his power he has offered to deliver
up to their use all his estate, except the necessaries for
upholding life, if they would accept it and discharge him,
and that the major part of his creditors were willing so to
do but were hindered therefrom by only a few of his creditors;
thereupon praying for relief, as per petition on file; and they
the said refusing creditors being cited to shew reason, if any
they had, why the prayer of said petition should not be
granted, and they being here publickly called appeared not,
1774.] OF CONNECTICUT.-" 353
but the major part in number and value of the creditors of
said Peet by a writing under their hands subjoined to said
petition desired that the same might be granted : Resolved
by this Assembly, that Messrs. John Brooks, Abraham Tom-
linson and Isaac Nichols, all of Stratford, be and they are
hereby appointed trustees, to receive and take into their
liands all the estate and credits of said Peet, of whatsoever
nature and kind they are, to and for the use and benefit of
his creditors ; and that they shall proceed therewith, and in
the settlement of said Peet's debts, and in the collecting and
disposing of his estate, according to the late law of this
Colony entituled An act for preventing fraud in debtors and
for securing the effects of insolvent debtors for the use of
their creditors and for the equitable division of the estates
and effects of such debtors to and among their creditors ;
and that upon said Peet's making, executing and delivering
to said trustees a legal grant, conveyance and assignment of
all his estate in possession, remainder and reversion, both
real and personal, in law. and equity, the necessaries for
upholding life only excepted, to be allowed by said trustees,
to and for the use and benefit of his creditors, he shall be,
and he is hereby declared to be, released, freed and discharged
as to his person from all the claims, debts and demands of
any and all his creditors, and that his person may not at any
time hereafter be any way taken, attached, arrested or re-
strained for and on account of any debt which he now owes
to any person that is a party to said petition, but whatever
estate he shall hereafter acquire shall be liable to such
demands.
Whereas Charles Caldwell of Hartford hath preferred his
petition against James Caldwell, praying for relief in sundry
matters as therein alledged, and the same cannot now be
heard or determined &c. : Resolved by this Assembly, that
said petition be and the same is hereby continued to the
General Assembly to be holden at Hartford in May next.
Upon the petition of Jonathan Metcalf, William Metcalf,
Samuel Huntington and Hannah Huntington his wife, and
John Huntington of Leb!inon, and Peter Pratt late of Sharon
now of Philips Patent, against Zebulon Badcock of Sharon,
preferred to this Assembly in May, 1773, shewing that said
Zebulon Badcock brought his action of disseizin against
Benajah Geer to the county court held at Windham the fourth
Tuesday of June, 1758, demanding the seizin and possession
of about sixty-six acres of land lying in Coventry, described
in said writ, in which action said Badcock recovered final
45
354 ~ PUBLIC EECORDS [October,
judgment against said Geer before the superior court lield at
Windham the third Tuesday of March, 1769, on the plea of
no wrong nor disseizin ; that the petitioners sold to Daniel
Church and said Church to said Geer before the year 1758,
about thirty acres, parcel of said sixty-six acres of land, to
which they had a good title; that said Geer hath been evicted
of the whole lands demanded in said writ because he made
no severance in his defence ; that he afterward brought his
action of covenant against the petitioners and recovered a
large sum in damages &c. ; praying that they, as trustees to
said Geer, might have liberty of a new trial of said action
&c. ; on which petition a committee have been appointed and
have reported <fec., as per petition and report on file, which
report is accepted and approved : And it is thereupon resolved
by this Assembly, that the petitioners, as vouchees to said
Geer, have, and they have hereby granted to them, a new tryal
of said cause as to all the lands contained in their said
[3cS9J II deed to said Church, before the superior court to be
held at Windham in and for the county of Windham the
third Tuesday of March, 1775, and they are hereby enabled
to defend in said cause as fully and effectually to all intents
and purposes as said Geer might or could do, and from time
to time to conduct and manage said suit, as far as regards the
lands in said deed to said Church, as fully and in the same
manner as they might have dope if said action had been
brought against them ; and the superior court is hereby
enabled and directed from time to time to take cognizance of
said cause and any proceedings therein to be had or moved
by said Badcock or the petitioners, as fully and effectually as
tliey miglit or could by law have done on the application of
either of the parties to said suit; and that all proceedings
hat are relative to or dependent upon said cause be staid
until the final issue and determination of said suit and pro-
cedings thereon ; and that in case judgment shall be rendered
in favour of said Geer in said suit of said Badcock against
said Geer so far as regards said lands in said deed to said
Church, that said judgment in favour of said Geer against
the petitioners shall become vacate and no execution thereon
granted or ^recovery had on any proceedings consequent
thereupon ; and all legal costs shall be allowed and tax'd by
said superior court on the final issue of said cause now
depending.
Upon the petition of Richard Bushnell of Norwich, against
Ehenezer Fitch of Norwich, and others, praying for a new
tryal in a certain action of partition already settled and
1774.] OF CONNECTICUT. 355
determined in the law as mentioned in said petition, upon
whicli a committee was appointed b}^ this Assembly in May
last, who have examined into the matters alledged in said
petition and made their report thereon to this Assembly in
favour of the petitionees, which report is accepted and
approved of by this Assembly : Resolved by this Assembly,
that the petitioner shall take nothing by his petition. Coat
•allowed petitionee is Xll 16 5. JSx. granted Nov. 5th, 1774.
Upon tlie i3€tition of Lucy Meach of Preston, against
Joshua Meach, preferred to this Assembly in May last, Messrs.
William Hillhouse, Elisha Lothrop, Esqi", and Capt. William
Hubbard were appointed a committee to hear, examine and
report, but not having yet reported, therefore : Resolved by
this Assembly, that William Hilhouse, Elisha Lathrop and
Thomas Mumford, Esq''*, be and they are hereby appointed a
committee with the same powers and directions as said
former committee had, to examine &c. the matters alledged
in said petition.
Upon the petition of Benjamin Wyncoop of the town and
county of Fairfield, shewing to tliis Assembly that he brought
his action of book-debt against Samuel Couch of said Fairfield,
demandiug fifteen pounds, lawful money, which came to the
superior court holden at Fairfield in August, 1771, when the
said Couch plead in bar a recovery in his favour against
said Wyncoop before Lathrop Lewiss, Esq"", justice of peace
in and for said county ; alledging that said Couch craftily
brought his action against the petitioner before said justice
to embarrass and prevent the petitioner from recovering his
just demands at a time when said Couch was justly indebted
to the petitioner a large sum, and that judgment was by said
superior court rendered in favour of said Couch and the
petitioner deprived of legal remedy; praying for relief &c ,
as per petition on file ; whereupon John Allen and Nathan
Bulkley, Esq''% and Mr. Elijah Abel were appointed a com-
mittee, who now make their report, which report is accepted
and approved : And it is thereupon resolved by this Assem-
bly, that the said Wyncoop recover of the said Couch the
balance of his said book account, found to be £3 3 5, and
interest of the same, being XI 8 9, and the cost recovered
against him, being £8 13 10, and interest of the same 25s.
and officers fees 5s. together with said Wyncoop's cost in
said suit,~being £8 2 1, making in the whole X22 18 1, law-
ful money, with his cost allowed to be X13 19 8, and that
execution issue accordin,gly. -Kc. granted November 4:th,
1774.
356 PUBLIC RECORDS [October,
[390] Upon the petition of Thomas Seymour of Hartford,
as he is the now only surviving executor of the last will and
testament of Thomas Seymour, E?q^ of said Hartford, late
deceas'd, shewing- that he with David Seymour, lately
deceas'd, were appointed sole executors of said will; that
the said David also accepted said trust, and in his life time
took and received of the personal estate of said testator
to a considerable amount, which he kept and it remained in
his hands at the time of his death ; that the petitioner hath
since l)een obliged to account for and pay out the same in
discharge of the debts of said testator; that William Stanly
of said Hartford was appointed executor of said David's last
will and hath accepted said trust, and he hath represented
his said estate insolvent &c. ; the petitioner praying that the
executor of the said David should be compelled to repay to
him the sum and amount of what the said David had taken
and received that belonged to the estate of the said deceas'd
Thomas, as per petition &c. ; whereupon a committee was
appointed in May last, to examine the facts alledged, who
have now reported &c., and said report being accepted and
approved &c. : Resolved by this Assembly, that the said
William Stanly, executor of the said David's will, shall pay
to the petitioner the sum of <£50 18 2, lawful money, without
any loss or average thereon, and that the Secretary shall
issue execution therefor accordingly, ^x. granted December
IKh, 1774.
Upon the petition of John Bakeman Hull, Squire Geer
and Maiy his wife, James Wade and Sarah his wife, all of
Norwich, they being the legal heirs and representatives of
Samuel Hull late of said Norwich, deceas'd, against Elijah
Lathrop, Rufus Lathrop, Esq"", of Norwich, and the rest of
the heirs and legal reijresentatives of Colo. Simon Lathrop
late of said Norwich, deceas'd, representing to this Assembly
that ihe said Samuel Hull deceas'd did in his life time on
tbe ninth day of November, 1763, for security of a debt then
due from him to said Colo. Lathrop, give and execute an
absolute deed of his, the said Hull's, dwelling-house, garden
and wharf, where he then dwelt, and that afterwards the
said Colo. Lothrop gave to said Hull a large bond to oblige
himself, his heirs &c., to reconvey to said Hull the estate
aforesaid upon his paying to said Lathrop the sum due as
aforesaid by a certain time that hath long since exjiired, and
the same not being done in the life time of said Hull or Colo.
Lathrop, the said heirs of Samuel Hull, deceas'd, pray to this
Assembly as a court of equity, to let them in to redeem said
1774.] OF CONNECTICUT. 357
estate upon their paying to said heirs of Colo. Lathrop the
sum that should be found justly due, and that a committee
might be appointed to enquire into the matters of said petition
and ascertain what was justly due as aforesaid and make
report &c., as per petition on file ; which being granted and
a report of a committee being made &c., returned that said
estate is worth £150 0, and that the sum justly due as
aforesaid is X138 4 5, lawful money, with the opinion of said
committee thereon, that if the heirs of said Hull are let in
to redeem said estate they in that case ought to pay the
heirs of said Lathrop the said sum of .£133 4 5, but if the
lieirs of said Lathrop are quieted in the possession and title
of said estate they ought in that case to pay to the heirs of
said Hull the sum of £16 15 7, L. money; which report
being accepted by this Assembly, and agreed to by said
parties, and the heirs of said Lathrop having paid to said
Hull's heirs the said sum of £16 15 7, in full satisfaction for
said estate, the said parties further agreed that said estate
should be confirmed to the heirs of said Colo. Lathrop by an
act of this Assembly, as appears by said agreement indorsed
on said I'eport : It is therefore resolved and enacted by this
Assembly, that the estate mentioned in said petition be and
the same is hereby confirmed to and vested in the heirs of
said Colo. Simon Lathrop dec'd, according to his last will
and testament, free and clear of all right or equity of redemp-
tion in the heirs of said Hull or any of them, in the same
manner as though said deed had been absolute from the
beginning, without said bond, or any agreement, right or
equity of redemption in said Hull or his heirs to the estate
aforesaid.
[391] Upon the petition of Elisha Baker, Esq"", of Canaan
in Litchfield county, praying for a special act of insolvency to
be past in his favour &c., as per petition on file : Hesolved by
this Assembly, that Giles Pettibone, Esq'', of Norfolk, Capt.
Elisha Sheldon of Salisbury, and Asahei Bebee of Canaan, be
and they hereby are appointed trustees with full power to
receive of the said Baker a conveyance of all his credits and
estate of what nature or kind so ever, excepting only his
household furniture, library and one riding horse and tackling
for the use of himself and family; which said trustees are
hereby impowered to bring actions in their own names for
the recovery of any debt due to said Baker, and to defend in
any action that may be brought for the recovery of any debt
due or claimed to be due from him, and to compromise and
settle by arbitration or otherwise any debts due to the said
358 PUBLIC EECORDS [October,
Baker, and to ascertain any debts due from bim to any of
his creditors, and to convert said estate into money and
divide the same among all bis creditors in proportion to
their respective debts, or otherwise to divide said estate <S:c.
among' said creditors as aforesaid, in case tbey shall so agree ;
to which purpose said trustees are directed to notify a
meeting of said creditors at such time as they shall appoint
in some of the public newspapers of this Colony six weeks
successively next before such meeting; which creditors at
such meeting shall have power by a major vote both in
number and value, to agree upon a division of said estate in
proportion to tbeir respective debts to be ascertained as
aforesaid ; and tbat upon the said Baker's resigning up into
the hands of said trustees all his said credits and estate,
except as above excepted, and making a legal assignment
tliereof for the use and benefit of his creditors by the first
day of February next, together with his notes, l>ooks, vouch-
ers and securities, lie shall thereupon be freed, liberated and
protected from any arrest or imprisonment, either on mesne
process or execution, for any debt or duty due and oweing
from the said Baker at the date of said petition. And it is
also resolved, that any two of said trustees shall have power
to execute their said trust.
The consideration of the petition of Eliphalet and John
Bulkley against tbeir creditoi's is referred to the General As-
sembly to be held at Hartford the second Thursday of May
next; and the persons and estate of the petitioners, and tbe
person and estate of each of them, are hereby secured and
protected from all arrests, imprisonment and executions for
or on account of any debts by them or either of them now
oweing, until the rising of this Assembly in May next.
Upon the petition of Daniel and Sarah Hooker, adminis-
trators on the estate of Doctor Daniel Hooker, dec'd, against
Titus Hosmer &c., executors of Capt. Stepben Hosmer, dec'd,
praying to be relieved against a judgment for ,£600 0, in
favor of Apthorp and Gardiner, merchants of Boston, on
which petition a committee was appointed, who report tliat
there is in equity due from the petitioners in their said capac-
ity only the sum of X462 6s. Od. lawful money, and that said
judgment ought to be enforced against, the petitioners only
for said sum of £462 6 0, lawful money, which report being
accepted: It is resolved by this Assembly, that said judgment
in favor of said Apthorp and Gardiner shall not be enforced
against tlie petitioners in tbeir said capacity for more than
the sum of <£462 6 0, L. money, on penalty of forfeiting said
debt.
1774.] OP CONNECTICUT. 859
Upon the petition of Joseph Hull, Esq^ of Darby in the
county of New Haven, and the rest of the inhabitants of said
Derby, against Benjamin Stiles, Esq^, of Woodbury in the
county of Litchfield, and the rest of the inhabitants of said
Woodbary, complaining of error in a judgment had and ren-
dered by the adjourned superior court held at New Haven on
the first Tuesday of November, 1773, for that judgment was
rendered in favor of said Stiles &c. for their cost, whereas it
ought to have been in favor of said Hull &c. on said special
verdict: Resolved by this Assembly, that said judgment of
said superior court is erroneous, and the same is hereby
reversed and made void, and that the inhabitants of said
Derby do recover of the inhabitants of said Woodbury their
damages allowed to be <£ 6 3 9, lawful money; and said cause
is hereby remanded to said superior court to be held at New
Haven by adjournment on tlie second Tuesday of December
next, for further tryal. ^x. granted Nov. 5th, 1774.
Upon the petition of James Jauncey, Esq"", of the City and
Province of New York, representing that certain lands were
conveyed to him by Daniel Clark, of Wallingford in New
Haven county, deceas'd, in his life time as a collateral secu-
[392] rity for a large || debt due to the petitioner: Where-
upon it is resolved by this Assembly, Archibald Clark and
Daniel Clark of said Wallingford, executors of the last will
of said deceas'd Clark, shall bargain and contract for the sale
of any of said lands so conveyed to the petitioner to any per-
son who sliall appear to purchase the same, and upon such
contract or bargain the petitioner may make and execute
deeds of conveyance of such lands so contracted for sale by
said executors to such purchasers, and the s^me shall remain
good and firm to such purchasers notwithstanding any equity
of redemption in the heirs of said deceas'd ; and the said
petition is hereby continued to the General Assembly in May
next.
Upon the petition of Azariah Smith, of Farmington in the
county of Hartford, shewing to this Assembly that by a series
of misfortunes, and more especially by reason of his intermar-
riage with one Ruth Benton, formerly of the town and county
Of Hartford, (from whom he has had the good fortune to be
divorced,) he is reduced to a state of indigence and want,
and that he is far advanced in life, being more than sixty
years of age, and that by means of said intermarriage he has
become indebted to the heirs of Major Josiali Griswold, late
of Weathersfield, deceas'd, and others mentioned in said pe-
tition ; praying to be discharged from the said debts and tlie
360 PUBLIC RECORDS [October,
demands of all and every of his said creditors, named in said
petition: Resolved by this Assembly, that Messrs. Jonathan
Eoot, Capt. Josiah Cowles and Mr. Asahel Wadsworth, all of
said Farming-ton, be and they are hereby appointed trustees,
with full powder and authority to receive a conveyance from
said Smith of all his estate, real, personal and mixed, for the
use and benefit of said creditors, and the same to assign, pass
over and convey to them in proportion to the sums respect-
ively ovveing and coming to them from said Smith. And
upon the petitioners discovering upon oath and giving up all
his estate, real, personal and mixed, to said trustees as afore-
said, the petitioner shall and he is hereby fully and absolutely
exonerated and discharged from any arrests from any of his
said creditors for any of the debts mentioned in said petition.
Upon the petition of Gurdon Saltonstall, Esq% of New Lon-
don, against Philip Livingston, Esq"", &c., brought to this
Assembly in May, 1772, praying for an act of insolvency in
his favour, and upon the report of a committee on said peti-
tion now lying before this Assembly relative to said Salton-
stall's circumstances &c.: Resolved by this Assembly, that
the further consideration of the petition and report afore-
said be referred to the General Assembly to be held at
Hartford in May next ; and that the person and estate of the
petitioner be freed and secured from arrests and imprison-
ment for any debts due before the date of said petition, until
the rising of the General Assembly in May next.
Upon the petition of Eleazer Waterman against David B,
Waterman, shewing to this Assembly that before the 26th
of March, 1770, he had lent to said David upwards of two
hundred pounds,*money, and as security therefor said David
had mortgaged his farm to the petitioner's sons John and
Peter, and that afterwards the petitioner had advanced further
sums for and on account of said David upwards of four hun-
dred pounds and had proposed to purchase said David's farm,
and not agreeing in the price after several apprisals and not
complying therewith on the part of said Eleazer, in March,
1770, otlier incumbrances, viz. an attachment in favour of
Mathew Hide, being laid on said farm, the petitioner agreed
to buy and said David to sell said farm at the apprizement of
Messrs. Elijah Hide, Elijah Mason and John Brown, the said
incumbrances and monies advanced by the petitioner to be
allowed in part payment therefor, and gave notes in the sum
of <£500 to each other to abide the bargain at their
apprizal, and that said apprizers did apprize said farm at the
sum of <£984 0, and the petitioner refused to abide the
1774.] OF CONNECTICUT. 361
bargain and take said farm at said apprizement, and there
upon said David sued said note and recovered judgment
thereon against the petitioner for the whole of said note,
[393] viz. X500 0,with cost &c., at the || superior court at
New London, September term, 1773, as per petition on file ;
praying for a committee &c.: Resolved by this Assembly, that
Shiibael Conant and Joshua West, Esq''S and Capt. Experi-
ence Sforrs, be and they are hereby appointed a committee
with full power to examine, adjust and liquidate tlie several
payments made by the petitioner for and on account of said
David, including the several incumbrances upon said farm,
with such interest thereon as said committee shall judge
just and reasonable, all circumstances considered ; and also
consider any supposed damage the said David may have sus-
tained on his part for the not complying with said bargain on
the part of the petitioner, and find what further sum is due
from the petitioner to said David to com pleat said bargain
and purchase monies, allowing the price of said farm at ,£984
0, as it was apprized; and their report make of what they
shall find with their opinion thereon to this or the next
Assembly ; and that said judgment and execution and all
proceedings thereon be stayed in the mean time.
Upon the petition of Eleazer Waterman of Norwich, against
David Basset Waterman of said Norwich, preferred to this
Assenibl}^ in October last, shewing that he had advanced large
sums of money to the petitionee for which a mortgage was
given to his two sons, John and Peter ; that afterward he
advanced further sums to the petitionee, without any further
security ; that the petitionee not being able to repay said suras
advanced proposed that the petitioner should purchase his
said farm, and sundry apprizals thereof were made, which
the petitioner declined to comply, and afterwards the par-
ties agreed to a new apprizal, and gave notes to each other
in X5U0 0, to abide the judgment of said apprizers ; that
thereon an apprizal was made at £984 0, which the peti-
tioner refused to comply with, and the petitionee put said £500
note in suit and recovered final judgment thereon for said
sum of £500 and cost; whereupon a committee were
appointed who have reported that there is due to the peti-
tionee the sum of £299 19 31, over and above all the sums
advanced by the petitioner to the petitionee, fully to satisfy
the petitionee for the said farm and the said judgment, and
to settle and close all the claims and demands the parties
have on each other for any of the matters and things men-
tioned in said petition ; as per petition and report on file,
362 PUBLIC RECORDS [October,
which report is accepted : And thereupon resolved by this
Assembly, that no proceedings be further had on said judg-
ment, and execution thereon shall not be issued nor the
petitioner holden to pay any part thereof ; and that the Sec-
retary issue execution in favour of the petitionee against the
petitioner for said sum of £299 19 3^ ; and that fi'om any
further recovery or demand for any of the matters alledged in
said petition the petitionee be forever secluded and debarred.
Ex. granted October 26th, 1774.
Upon the petition of Ebenezer Scott, of a place called Bar-
nard Town in the Province of the Massachusets Bay, shewing
that his grandfather, Ebenezer Nash of Sufiield, deceas'd, did
in his life time leave in the hands of Samuel Kent, Esq'", of
said Suffield, lately deceased, a sum of money due to him by
note from said Kent which said Kent undertook to pay over
to the petitioner when he came of full age ; that said Kent
refused to pay the same to the petitioner in his life time, and
his executor, EHhu Kent of said Suffield, also refuseth to do
what is right and just therein &c., as per petition &g.; where-
upon a committee has been appointed to examine &c., and
said committee having now reported and the same being
accepted and approved c%c.: Resolved by this Assembly, that
the petitioner shall recover of the said Elihu Kent the sum of
thirty-five pounds ten shillings and four pence, lawful money,
and the cost that may be now allowed, and that execution
shall be issued therefor by tlie Secretary accordingly. Co.-t
£13 18s. 6fL Ux. granted December llih, 1774.
Upon the petition of Jesse Leavenworth, of New Haven in
the county of New Haven, representing that by misfortunes
in trade he is unable at present to pfy his just debts and his
interest out of his hands ; praying for protection from
imprisonment and arrests for the space of two or three years,
'as by the memorial on file, dated the 29tli of September last:
Whereupon it is determined and ordered by this Assembly,
that said petition and the matters therein contained be con-
[394] tinned and referred to the session of || this Assembly
in May next for further consideration ; and that tlie body of
said Leavenworth be exempted and free from arrests or
imprisonment for any debts now by said Leavenworth due,
until the rising of the next session of this Assembly.
LTpon the petition of the town of Sufiield by their agents,
Phineas Lyman and Alexander King, Esq'"% shewing that
Asaliel Holcomb and others of Symsbury had procured a
highway to be opened and laid out, upon application by them
made to the county court in the county of Hartford, begin-
1774.] OF CONNECTICUT. 363
ning at a road called Turky Hill Eoad in said Suffield near
the dwelling-house of Phineas Sheldon in said Nuffield, and
from thence northward through the lands of the said Phineas
Sheldon and others to a highway running easterly from the
house of one Warham Pease &c. ; further alledging that
said highway so laid out will not so well accommodate the
public as at another place called the Mountain Road, where
the town of Suffield and Syrasbury had proposed to lay out
the same, and that a road laid out at said last mentioned
place will shorten the travel and be much less detrimental to
private property &c. ; as per petition &c. at large appears :
Resolved by this Assembly, that William Wells, Esq^,
Thomas Belding, Esq"", of Weathersfield, and Mr. Isaac Shel-
don of Hartford, be and they are hereby appointed a commit-
tee with full power to repair to said town of Suffield and view
both of said highways aforementioned in said towns of SuffieM
and Symsbury, giving due notice thereof to both of said
towns, and examine and hear all the parties concerned, and
to lay out or establish that which they shall determine to be
most convenient for public traveling, having regard therein
to the interest of private persons ; and make report of their
doings herein to the General Assembly in May next.
Upon the petition of Noah Sexton of Colchester, shewing
that on the 24th day of May, 1770, he being a constable of
said Colchester, levied an execution in favour of Messrs. John
Kneeland and Samuel Grant of Boston, against Samuel Tozer
in said Colchester ; that in making return of his doings
thereon he by mere mistake certifyed and returned that Peter
Bulkley, Esq"", who was then attorney to said Grant and
Kneeland, did as a justice of the peace for said county appoint
Dudley Wright and Hubbel Wells, two freeholders of said
Colchester, to apprize said land to said creditors, wlien in
fact John Watrous, Esq"", of said Colchester made said
appointment ; praying for relief &c., as per petition &c. :
Resolved by this Assembly, that the petitioner shall have
liberty, and he is hereby allowed and impowered, to amend
his said return made on said execution as aforesaid, and to
insert the name of the said John Watrous, Esq"", therein
instead of that of the said Peter Bulkley, Esq'' ; and the
town-clerk of said Colchester and the clerk of said county
court from whence the said execution issued shall receive
and record the same accordingly, and attested copies thereof
shall be allowed and given in evidence upon any tryal "respect-
ing said lands, as though the petitioner had at first inserted
the name of the said John Watrous, Esq', in his said return.
864 PUBLIC RECORDS. [Octobcr,
Whereas Caleb Turner of Hartford with a number of his
c]-editors have preferred a petition to this Assembly, praying
that the said Caleb might deliver up his estate for the benefit
of his creditors, and that he miglit be freed in his person
from arrests &c., and there not being opportunity to hear the
merits of said petition at this time, Arc., and the said Caleb
being in a low state of health by reason of confinement &c. :
Resolved by this Assembly, that said petition be and the
same is hereby continued to the Assembly in May next, and
in the mean time the person of the said Caleb shall and the
same is hereby protected from all arrests or imprisonment
for any debt or demand now due or oweing from him to any
person whatsoever, until the rising of this Assembly in May
next.
[395] Upon the petition of William Case and LydiaEldridge,
administrators on the estate of Ebenezer Eldridge late of
Tolland, deceas'd, shewing to this Assembly that on the
seventh day of May, 1772, it was agreed by and between
Amos Fellows and said Ebenezer, that the said Amos should
sell to said Ebenezer two certain tracts of land situated in
said Tolland, one containing sixty-three acres and three
quarters and 14 rods, and the other three acres and one
hundi-ed and nineteen rods, be the same more or less, for the
consideration of one hundred and thirty-six pounds nineteen
shillings and three pence, lawful money, for the payment of
which said Ebenezer was to give to said Amos a deed of one
hundred acres of land, including highways, lying in the town
of Alford in tb.e Province of New Hamshire, at the price of
fifty pounds, lawful money, in part of said £136 19 3 : said
deed to be delivered to said Amos by the 80th day of May,
1773 : the remainder of said XI 36 19 3 to be secured to be
paid by said Ebenezer's note io said Amos, and that as said
Ebenezer could not then as he supposed give said deed, on
account of said land in said Alford being under lease, it was
further agreed that said Ebenezer should give a bond to give
said deed, and said Amos was then to execute his said deed
of said two tracts in said Tolland to said Ebenezer, and that
in consequence of said agreement said Amos on the same
seventh day made and executed his deed to said Ebenezer of
said two tracts in said Tolland and the same delivered to said
Ebenezer without acknowledging the same, and in considera-
tion of the premises said Amos then promised to acknowledge
said deed in a short time when proper authority could be had
for said purpose, in which deed said two tracts in said Tol-
land are bounded and described as bv said deed under the
1774.] OP CONNECTICUT. 365
hand and seal of said Amos, dated said seventh day of May,
1772, may appear, and that thereupon said Ebenezer executed
to said Amos his note for X86 19s. M., and for want of time
to make said deed said Ebenezer executed his note to said
Amos for X70 0, L. money, and the same delivered into
the hands of Reuben Hatch of said Tolland to hold, to oblige
said Ebenezer to give said bond or on failure thereof to give
said deed according to said agreement, and that afterwards,
viz. on the 30th day of May, 1772, said Ebenezer made and
executed said bond to give said deed and the same then ten-
dered to said Amos according to said agreement, and
requested said Amos to give him an order to take said
<£70 out of the hand of said Hatch, and that said Amos
refused to receive said bond or deliver up said X70 note
or give orders to said Hatch to deliver the same, and still
holds said note ; that before the time when said deed was to
be delivered, viz. in the month of April, 1773, said Ebenezer
died, by means whereof said deed has never been executed
&G. ; tliat said Ebenezer has left several children who were
minors and cannot execute said deed, and that since the
death of said Ebenezer said Hatch has delivered said seventy
pound note to said Amos, who holds the same, and that said
Amos soon after the death of said Ebenezer entered into the
improvement of said land in said Tolland, and has taken the
profits thereof to himself, and has always refused and still
refuses to acknowledge said deed ; further representing, tliat
the estate of said Ebenezer is scarcely sufhcient to pay his
debts, and that said estate is so perplexed that said adminis-
trators are unable to settle the same, and that said Ebenezer
in his life time paid to said Amos about forty pounds, lawful
money, in part of said note of £86 19 3 ; further shewing,
that it will be best for the heirs and creditors of said estate
that said deed should be delivered back to said Amos, and
that as said Amos has refused to acknowledge said deed, that
said Amos ought to pay back said X40 and the interest;
praying that the petitioners may be impowered to deliver
said deed to said Amos executed by said Amos as aforesaid,
and that said Amos may be obliged to pay said X40 and
the interest, or so much as may be in equity due, or that the
clerk of the town of Tolland may be directed to receive and
record sai4 deed executed by said Amos as aforesaid, that
the same may be given in evidence in the same manner as if
it had been acknowledged by said Amos, and that the peti-
tioners may be enabled to sell said land in Alford aforesaid,
and that a judicious committee may be appointed to enquire
306 PUBLIC RECORDS [October,
into the matters aforesaid by the oath of said Amos and in
such other way as they shall judge necessary, and report to
[396 J this or some future Assembly ; as per said || petition
on file appears : Resolved by this Assembly, that Ebenezer
Kingsliury and Jeremiah Ripley of Coventry, and Capt. Ex-
perience Storrs of Mansfield, be and hereby are appointed a
committee with full power to enquire into the matters afore-
said as aforesaid in this petition set forth, and their report
make of what they shall find in the premises with their
opinion thereon to the General Assembly to be held at Hart-
ford in May next.
Upon the memorial of the Massantucksett tribe of Indians
in Groton, by their agents and overseers Elisha Fitch and
Edward Mott, shewing that a tract of about 1650 acres of
land was antiently sequestered and set apart for their use
within the following boundaries : beginning at a popple tree
marked stones al)out it, standing on the north side [of] a
swamp, which tree was a boundary of Capt. John Morgan's
land and the south-west corner of said sequestered land,
thence running north 4 degrees west 520 rods to a black-oak
tree with stones about it on the west side of a hill, which is
the north-west corner of said tract of land, thence east 181
rods to a gray-oak tree mark'd stones about it, thence east 2
degrees north 280 rods to a white-oak on the west side the
cedar swamp, thence south about 2 degrees east 142 rods by
the swamp to a rock and stones on it at the soutli end of the
swamp, tlience south 13 degrees east 388 rods to a rock and
spring of water, thence west 26 degrees north 52 rods to a
white-oak tree with stones about it which was the north-east
corner of Samuel Packer's land, thence west about 7 degrees
north with said Packer's land 220 rods to the stub of a white-
oak tree which is the north-west corner of said Samuel Pack-
er's land, thence west about twenty degrees south 120 rods to a
heap of stones by a brook of water, thence westerly adjoining
to said brook to the bounds first mentioned ; that proprie-
tors of Groton had also an interest therein, and many un-
happy controversies having arisen between them and the pro-
prietors of (Jroton and those who held under them concern-
ing said lands, a committee was appointed by the General
Assembly to examine said claims and adjust and settle all
controversies, who reported to the General AsseiSbly in May,
1761, that said tribe ought to hold of said lands 989 acres and
68 rods, as laid down on a plan made by Mr. Hamsted, in
fee to them, their heirs and successors, and the residue to the
English clainiers, which report was accepted and a decree
177-1:.] ■ OF CONNECTICUT. 367
thereon passed established the same to the parties in manner
as reported, but no monuments were erected and established
by said committee, so that they could know by metts and
bounds the extent of their lands ; that many encroachments
have been made on their lands &c.; that said plan referred
to is lost or secreted ; praying that a committee may be ap-
pointed to divide and apart out to them the said 989 acres
and QS rods of said whole tract of land and to erect bounda-
ries between them and the Groton proprietors and claimers,
and that the same when compleated shall be established and
confirmed to them, as per memorial on file : Resolved by this
Assembly, that Samuel Mott and John Tyler, Esq'"% of Pres-
ton, be and they are hereby appointed a committee and fully
authorized, at the costs of the memorialists, to apart and di-
vide out to the memorialists 989 acres and 68 rods of said
whole tract of land in the easterly part of said whole tract ;
and having- measured and ascertained the same, to erect and
establish boundaries and monuments dividing between the
memorialists and the adjoining proprietors, which being so
erected shall be the dividing lines between the memorialists
and the adjoining claimers and proprietors fully and effectu-
ally, to all intents and purposes whatever. And said commit-
tee are hereby directed not to lay out any of the lands afore-
said to the memorialists so as to encroach on any grant made
prior to the grant or sequestration made to said tribe of
Indians by the town of Groton, March 20th, A.D. 1720-1 ;
and said committee to make return of their doings herein to
the General Assembly for approbation.
[397] Upon the memorial of Timothy Russell, administra-
tor on the estate of John Russell late of Weathersfield,
deceas'd, shev^ing to this Assembly that the debts and
charges with necessary moveables set to the widow of said
deceas'd surmount the moveable estate of the said deceas'd
the sum of £64 1 Hi, lawful money ; praying for liberty to
make sale of so much of the real estate of the said deceas'd
as will raise said sum of £64 1 11 J, as per memorial on file :
Resolved by this Assembly, that the memorialist have lib-
erty, and liberty is hereby granted to the memorialist, to
make sale of so much of the real estate of the said deceas'd
as will raise said sum of £64 1 11^, lawful money, with the
incident charges arising on such sale ; taking the direction
of the court of probate for the district of Hartford therein.
Upon the memorial of Sarah Hurlburt, administratrix on
the estate of Timothy Hurlburt late of Weathersfield, deceas'd,
shewing to this Assembly that the debts and charges with nee-
368 PUBLIC RECORDS [October,
essarj moveables set to the widow of said deceased surmounts
the moveal^e estate of the said deceas'd the sum of X77
2 4|, as per memorial on file : Resolved by this Assembly,
that the memorialist have liberty, and liberty and authority
is hereby granted to the memorialist, to make sale of so much
of the real estate of the said deceas'd as will raise said sum of
.£77 2 4f, lawful money, with incident charges arising on such
sale ; tal<;ing the direction of the court of probate for the dis-
trict of Hartford therein.
Upon the memorial of Benjamin Lathrop of Windham, pre-
ferred to the General Assembly in May last, praying said
Assembly to grant to him the sum of £ 14 16 6, lawful money,
to be paid out of the treasury of this Colony for sundry ser-
vices done by him as deputy sheriff and others under his com-
mand, in pursuing and apprehending sundry persons sus-
pected of counterfeiting of coin, as per memorial on file, on
which a committee was appointed to examine and report,
who have reported to this Assembly that they have duly en-
quired into said services and find they are justly char-ged,
and that said sum of £14 16 6 is justly due to said Lathrop
and others mentioned in said memorial, and that the same
ought to be paid out of the treasury of this Colony to said
Lathrop for himself and his said assistants ; which report is
accepted and approved by this Assembly, as on file : And
thereupon it is resolved by this Assembly, that the Treasurer
of this Colony be and he is hereby directed and ordered to
pay out of the treasury of this Colony to said Lathrop said
sum of X14 16 6, lawful money, in balance of said account.
Upon the memorial of the independent military company
in New London, praying that said company may be enabled
by voluntary inlistment to fill up said company as vacancies
may happen : Resolved by this Assembly, that said company
have free liberty by voluntary inlistment to fill up said com-
pany as vacancies may happen ; and all persons whatsoever
duly inlisted into said independent company are hereby en-
tirely freed and excused from doing any duty in any other
military company whatsoever.
Upon the memorial of Daniel Fish of Stonington, admin-
istrator on the estate of Joseph Clieeseborough late of
said Stonington, dec'd, shewing to this Assembly that the
debts and charges due from said estate surmount the personal
estate of said deceas'd the sum of <£267 1 8, L. money ;
praying for liberty to make sale of so much of the real estate
of said deceas'd as to raise said sum of £261 1 8, as per me-
morial on file : Resolved by this Assembly, that the memori-
1774.] OF CONNECTICUT. 369
alist have liberty, and liberty and authority is hereby granted
the memorialist, to make sale of so much of the real estate of
said deceas'd as to raise said sum of X267 1 8, L. money,
with the incident charges arising on such sale ; taking the
direction of the court of probate for the district of Stoning-
ton therein.
[398] Upon the petition of the society of Exeter in the
town of Lebanon, representing that they were formerly made
a distinct ecclesiastical society, and that tlie county court
did appoint a committee to fix a place for setting a meeting-
house, which place by them fixed is found inconvenient, and
that said society had unanimously agreed to build a meeting
house about 40 or fifty rods easterly of said place fixed by the
committee; in the highway between the land of Solomon
Abel and the heirs of Eliphalet Abel dec'd, about fourteen
rods from a dwelling-house of Elihu Thomas, occupied by
Peletiah Marsh, and have erected an house on said place for
public worship, as per petition ; praying said place may be
accepted and established : Resolved by this Assembly, that
the place above mentioned and described be and the same is
hereby established, and the house thereon erected be here-
after the meeting-house for said society, and the same is
hereby established for that purpose accordingly.
Upon the memorial of Benoni Peck and others, inhabit-
ants of Cornwall, shewing to this Assembly that they live
remote from the place of public worship in said Cornwall and
the roads very bad, and that they are contiguous and live
near to the place of public worship in the first society in
Kent; praying to be annexed by a certain line to said first
society, for the purpose only of attending public worship,
paying ministerial charges and building and repairing a
meeting-house for public worship therein, as per memorial on
file : Resolved by this Assembly, that the said Benoni Peck
and all others living within the following lines, viz. beginning
at Ousatonuck River in the dividing line between Cornwall
and Kent, thence extending eastward on said dividing line
three quarters of a mile, thence extending northward at the
same distance from said river until it comes to the north-
ward part of Samuel Sawyer's land by the south side of the
Mast Swamp Brook, so called, thence northwestward with the
line of said Samuel Sawyer's land to the said river, and
thence southward by said river to the first mentioned boun-
dary, be and they are hereby annexed to said first society of
Kent for the aforesaid purpose of public worship, paying
ministerial charges, and building and repairing a raeeting-
47
370 PUBLIC RECORDS [October,
house for publick worship therein, and be hereby released
from any future ministerial charges and building and repair-
ing a meeting-house in said Cornwall.
Upon the memorial of Seth Smith of Stonington, adminis-
trator on the estate of Benajah Park late of said Stonington,
deceas'd, shewing to tliis Assembly that the debts and
charges due from said estate surmount the personal estate
of said deceas'd the sum of <£28 16 2, lawful money; praying
for liberty to make sale of so much of the real estate of said
deceas'd as to raise said sum of X28 16 2, as per memorial
on file : Hesolved by this Assembly, that the memorialist
have liberty, and liberty and authority is hereby granted to
the memorialist, to make sale of so much of the real estate
of said deceas'd as to raise said sum of X28 16 2, lawful
money, with the incident charges arising on such sale ; taking
direction of the court of probate for the district of Stonington
therein.
Upon the memorial of Benoni Hilliard of Saybrook, repre-
senting that James Wright of Saybrook, deceas'd, mortgaged
to the Governor and Company two tracts of land in Say-
brook : one containing ten acres, the other twenty acres, re-
deemable on payment of £200 0, old tenor, the first of
May, 1741 ; that on April 19th, 1749, said lands were sold by
the Colony's agent to Ebenezer Field for X291 13 8, old
tenor, who delivered possession to George Wright, and that
he purchas'd said twenty acres of said George, supposing he
had the legal title, and afterward purchased of said Field, but
finds said Field nor Wright have no title ; that he paid <£30
to said Wright besides the purchase monies to said Field ;
that said ten acres still remains in the family of the mort-
gagor and is nearly of the value of the other tract; praying
that on the payment of <£15 to the treasury he may be
quieted &c., or that on paying the sums of the original mort-
[399] gage monies, deducting said sums already paid by him, ||
he may have a deed of the whole lands <fec., as per memorial
on file: Resolved by this Assembly, that Elnathan Stevens,
William Worthington, Esq^^ and Capt. Hiell Buell ; be and
they are hereby appointed a committee, at the cost of the
memorialist, to hear, enquire and examine into all the mat-
ters alledged in said petition, and everything relative thereto,
and make report thereof, and of what in their opinion ought
to be done thereon, to the next General Assembly.
Upon the memorial of Nathan Merritt, of Greenwich in
Fairfield county, administrator on the estate of Caleb Jurden
late of said Greenwich, deceas'd, shcAving to this Assembly
1774.] OF CONNECTICUT. 371
that the debts &c. allowed against said estate sui^nount the
personal estate of said deceas'd the sum of X37 18 10, L.
money, and praying to be impowered to sell real estate &c.,
as per memorial on file : Resolved by this Assembly, that
said memorialist be impowered, and he is hereby impowered,
to sell real estate of said deceas'd to raise said sum of .£37
18 10, lawful money, with the incident charges of sale; taking
direction therein of the court of probate in the district of
Stamford.
Upon tlie memorial of Henry Tolles, of New Haven in the
county of New Haven, praying to be annexed to the first
society in New Haven, and no objections to the granting of the
prayer of the memorial being made by the society of White
Haven to which he now belongs : Resolved by this Assem-
hly, that said Henry Tolles shall be and he is hereby annexed
to the said first society, and is released and discharged from
all future taxations in said White Haven society.
Upon the memorial of William Brockway jun'', of Lyme in
New London county, conservator to Edward Brockway of
said Lyme, shewing to this Assembly that the said Edward
for sundry years last past by bodily infirmity and distraction
hath been and now is rendered wholly incapable to take care
of himself, and at the adjourned county court holden at New
London in the cotmty aforesaid Feb'y 1st, 1774, the memor-
ialist was appointed conservator to said Edward, and said
memorialist exhibited his account to the county court liolden
at said New London June term, 1774, which amounted to
£51 2 li, and that tlie whole inventoried estate of said Ed-
ward, real and personal, amounts to X87 IQs. Od, which sur-
mounts the debts that were due from said Edward in June
last X29 Ids. 4hd., and said Edward hath ever since said
June last and still is under distraction, so that debts hatli
been and is still arising upon him; praying for liberty to sell
the whole of said Edward's estate, as per memorial on file:
Resolved by this Assembly, that the memorialist have lib-
■erty granted and he is hereby fully impowered, to sell the
whole of said Edward's estate, real and personal, to enable
the said William to pay and discharge tlie debts aforesaid,
and the surplus thereof to be iii^proved for the support of said
Edward.
Upon the memorial of Lidia McLane, of Lyme in New Lon-
don county, administratrix on the estate of Morris McLane
late of said Lyme, deceas'd, shewing to this Assembly that
the whole of the estate of said deceas'd amounts to the sum
of X63 15 6, t^iirty pounds of which is real, and that tliQ
372 PUBLIC RECORDS [October,
debts clue from said estate with the allowance made to the
widow of said deceas'd for support of family, court fees <fec.,
amounts to the sum of <£63 15 6, which surmounts tlie per-
sonal estate of said deceas'd the sum of <£30 0; praying
tlrat the memorialist or some other person may be appointed
and impowered to sell so much of the real estate of said
deceas'd as shall raise the sum of thirty pounds, lawful money,
to enable said memorialist to pay and discharge the debts and
charges aforesaid &c. : Resolved by this Assembly, that the
memorialist have liberty, and she is hereby appointed and
fully impowered, to sell so much of the real estate of said
deceas'd as shall raise the sura of <£30 0, lawful money,
with the incident charge arising on such sale ; taking the di-
rections of the court of probate for the district of New Lon-
don therein.
[400] Upon the memorial of Abner Parker of Saybrook,
shewing to this Assembly that a lottery was granted for im-
proving and rendering more useful the navigation at the mouth
of Connecticut River, which hath been drawn and a committee
appointed to carry said design into execution ; that he, said
Parker, by advice of said committee and sundry other per-
sons, hath procured a plate and caused the same to be pro-
perly engraved to render the knowledge of the navigation of
said river most extensive and useful ; praying that said com-
mittee may be enabled and enjoined to pay to him the ex-
pence of procuring and engraving said plate out of the mon-
ies raised by said lottery Arc, as per memorial on file, dated
the 25th day of October, A. D. 1774 : Resolved by this As-
sembly, that said committee may and shall pay to said Abner
Parker out of the monies in their hands raised by said lottery
the sum of thirty-six pounds five shillings, lawful money,
being the amount of the expence of procuring and engraving
the plate aforesaid, and that the same shall be allowed them
on their account of the expenditure of the monies aforesaid.
Upon the memorial of Hepsibath Comestock, of Lyme in
New London county, administratrix on the estate of William
Comstock formerly of said Lyme, deceas'd, representing to
this Assembly that the debts and charges exhibited to and
allowed by the court of probate for the district of New Lon-
don against said deceas'd's estate surmount the moveable
estate of said deceas'd the sum of <£22 14s. 6c?., for which
she hath nothing in her hands to discharge the same; pray-
ing that liberty might be granted to her or some other person,
to make sale of so much of the real estate of said deceased
as shall amount to the sum of £22 14 6, lawful money, with
1774.] OF CONNECTICUT. 373
the incident charges of said sales, as per memorial on file :
Resolved by this Assembly, that William Matson of said
Lyme be appointed, and he is hereby appointed, to make sale
of so much of said deceas'd's estate as shall amount to the
sum of .£22 14 6, L. money, together with the incident
charges of said sales; taking the directions of the court of
probate for New London district therein.
Upon the petition of Nathaniel Eells of Stonington, clerk,
shewing that from various misfortunes, losses and disappoint-
ments, he is rendered unable to pay his just debts; praying
to be Ireed from arrests and imprisonment on delivering up
his estate to trustees for the benefit of his creditors, saving
such articles as are therein mentioned, as per petition on file,
and none of his creditors appearing to oppose his petition:
Resolved by this Assembly, that Nathaniel Minor, Esq*", Gil-
bert Fanning and John Denison 4th, of Stonington, be and
they are hereby appointed trustees of the estate of said Eells,
with full power to receive and dispose of the same, and with
the same powers and authorities to execute said trust as
trustees appointed by a late law of this Colony, entituled An
act for preventing fraud in debtors and for secuiing the
effects of insolvent debtors for the use of their creditors and
for the equitable division of the estates and effects of such
debtors to and among their creditors, were by said act in-
vested with. And upon the petitioner making a legal assign-
ment of all his estate, real, personal and mixed, in law and
equity, and all his credits and securities of every kind, ex-
cepting only his household furniture, library of books, one
horse and one cow, to said trustees for the use of his credi-
tors, he shall not be liable to any arrest or imprisonment for
or on account of any debt from him now due or oweing; and
a certificate under the hands of said trustees that such
assignment is made shall be a sufficient warrant to any officer
to discharge the petitioner from any arrest or imprisonment
on account of said debts; and the future estate of the peti-
tioner, except his household furniture, library of books, one
horse and one cow, shall be liable to pay his said debts : but
said articles excepted as aforesaid shall not be liable to
execution for payment of any of his said debts.
[401] Upon the memorial of Nathaniel Minor, Esq"",
William Morgan and others, inhabitants of the first society
in Stonington, shewing that they live at Long Point in said
society, and are far remote from the place of publick worship
there; that said place has greatly increased in numbers within
a few years past; that the inhabitants of said point and
37-4 PUBLIC RECORDS [October,
thereabout are generally poor and unable to build a house to
meet for public worship; that if they had a house to meet in
for that purpose they apprehend the growth of irreligion and
impiety would be prevented <fec. ; praying for a lottery to
build a meeting-house &c. ; on which a committee have been
appoiuted, who have reported in favour of said memorial
and affixed a place for building &c., which report is accepted :
And thereupon resolved by this Assembly, that the memorial-
ists have liberty, and they are hereby authorized, to raise by
way of lottery the sum of £400 0, lawful money, to be
applied for the purpose mentioned in said memorial, and also
the further sum of <£30 0, lawful money, to defray the
expence of such lottery. And Nathaniel Minor, Esq"", Joseph
Denison 2*^, John Dennison 4th, Peleg Cheesebrough and
John Brown junr, all of said Stonington, or any three of
them accepting said trust, are hereby appointed managers
and directors of said lotteries, who shall be jointly holden to
make good all benefit tickets drawn in such lotteries, and
shall be sworn to a faithful discharge of their said trust, and
the adventurers in said lotteries shall have their I'emedy
against said managers for the l)enefit tickets by them drawn
in manner aforesaid. And the monies so raised by said
lotteries shall be laid out and applied to the purposes afore-
said, and an account thereof be rendered to the General
Assembly when demanded.
Upon the memorial of Daniel Austin, of Suffield in the
county of Hartford, shewing to this Assembly that on the
evening of the ninth of May, A. D. 1774, he had his dwelling-
house consumed by fire and therein a large number of receipts
to the amount of sevei'al hundred pounds lawful money, his
books of account and a number of deeds of several pieces of
land, all unrecorded, were likewise consumed, and that there-
by he conceives himself in danger of paying over again large
sums of money, of losing the monies due to him by book,
and that his title to the aforesaid lands are thereby also
rendered very precarious and uncertain, having lost his
I'eceipts, books and deeds as aforesaid, his only vouchers in
the several respects forementioned &c. ; praying for a com-
mittee, as per memorial on file : Resolved by this Assembly,
that Messrs. Alexander King, Esq-", Shem Burbanks and
Benjamin Bancroft, all of said i^uffield, be a committee, and
they are hereby appointed a committee, with full power and
authority to convene before them all and every person or
persons interested or who are any wise concerned in any of
the matters and facts alledged in the memorial above referred
177-1.] OP CONNECTICUT. S75
to, at such time and place as said committee shall appoint,
said committee first giving thi^ee weeks notice in the public
papers of the time of such meeting, and to enquire into the
matters and facts aforesaid by the oaths of tlie parties or
other evidence, and by such ways and means as they shall
judge proper, so that truth and equity may be had and done
in the premises ; and of the facts they shall find therein,
with their opinion thereon, report to make to this Assembly
in May next, or to some future Assembly.
On the memorial of Abigail Clark and David Clark, execu-
tors of the last will and testament of David Clark of Stratford,
deceas'd, shewing to this Assembly that there is an addition of
debts exhibited to and allowed by the court of probate for
the district of Fairfield against the estate of David Clark late
of Stratford, deceas'd, since the certificate exhibited to the
General Assembly in May last, to the amount of £40 5 6,
lawful money ; praying for liberty to sell land, as per memo-
rial on file : Resolved by this Assembly, that the memorialists
be and they are hereby impowered, to sell so much of the
land or real estate of said deceas'd as shall be sufficient to
pay said sum of <£40 5 6, lawful money, with the incident
charges arising on such sale; taking the direction of the
court of probate for the district of Fairfield theiein.
[402] Upon the memorial of Amos Brownson of Salisbury,
and Timothy Brownson and Abigail Brownson both of Lanes-
borongh in the Province of the Massachusets Bay, executors
of the last will and testament of Timothy Brownson late of
Salisbury, deceas'd, shewing to this Assembly that the debts
and charges due from the estate of said deceas'd surmount
the personal estate the sum of £83 4 8, L. money, and that
said deceas'd made no provision in his will for the payment
thereof ; praying that some meet person may be authorized
to sell so much of the real estate of said deceas'd as to raise
said sum of £83 4 8, together with incident charges of sale,
as per memorial on file : Resolved by this Assembly, that the
said Amos Brownson have liberty, and liberty and authority
is hereby granted to him, to sell so much of the real estate
of said deceas'd as to raise said sum of £83 4 8, L. money,
together with the incident charges of sale ; taking the direc-
tions of the court of probate for the district of Sharon
therein.
On the memorial of Joseph Wells, of Haddam in the
county of Hartford, administrator on the estate of Doct.
Thomas Anderson, of Lyme in New London county, deceas'd,
shewing to this Assembly that the debts, funeral charges and
376 PUBLIC RECORDS [October,
court fees of said deceas'd surmount the moveable part of
the estate £34 5 0, and thereupon praying for liberty to sell
land for payment thereof &c., as per memorial on file:
Resolved by this Assembly, that the memorialist have liberty,
and authority is hereby granted unto him, to sell so much of
the real estate of the said deceas'd as will procure the afore-
said sum of X34 5 0, together with the incident charges
arising on such sale ; taking the direction of the court of
probate in the district of New London therein ; and to pass
deed or deeds accordingly.
Upon the memorial of Denham Palmer, of Greenwich in
Fairfield county, administrator on the estate of John Austin
late of said Greenwich, deceas'd, shewing to this Assembly
that the debts &g. allowed against said estate surmount the
personal estate of said deceas'd the sum of £111 10 8, law-
ful money, and praying to be impowered to sell real estate
&c., as per memorial on file : Resolved by this Assembly,
that said memorialist be impowered and he is hereby impow-
ered, to sell real estate of said deceas'd to raise said sum of
<£117 10 8, lawful money, with the incident charges of sale ;
taking direction therein of the court of probate in the district
of Stamford.
Upon the memorial of Hannah and Elias Austin, adminis-
trators on the estate of Jacob Austin late of Suffield, deceas'd,
praying for liberty to sell of the real estate of the said
deceas'd to discharge the debts due from said estate to the
amount of £5\ 4i, L. money, with incident charges <fec.,
as per memorial on file: Resolved by this Assembly, that the
memorialists have liberty and it is hereby granted to them,
to sell so much of the real estate of said deceas'd as will
raise said sum of £51 4i, L. money, to discharge the
aforesaid debts and charges with incident charges of sale ;
taking the advice of the court of probate in the district of
Hartford therein.
On the memorial of David Cressey of Waterbury, adminis-
trator on the estate of Mary Cressey late of Woodbury,
deceas'd, shewing to this Assembly that the debts and
charges arising on said estate amount to the sum of <£3 4 0,
L. money, and that there is no moveable estate to satisfy the
same ; praying for authority to sell so much of the real
estate of the said deceas'd as will satisfy the said sum, as by
said memorial appears : Resolved by this Assembly, that the
said David Cressey have authority, and he is hereby impow-
ered, to sell so much of the real estate of the said deceas'd as
shall be sufficient to satisfy the said debts and charges
1774.] OP CONNECTICUT. 377
together with incident charges arising thereon ; taking the
directions of the court of probate for the district of Woodbury
therein.
[403] Upon the memorial of Thomas Fuller and Rebekah
Robbins of Windham, executors of the last will and testament
of John Robbins late of said Windham, deceas'd, shewing to
this Assembly that the debts and charges due from the estate
of said deceas'd surmount the personal estate the sum of
£49 9 0^ lawful money, and that said deceas'd made no pro-
vision in his will for the payment thereof ; praying that
some meet person or persons may be authorized to sell so
much of the real estate of said deceas'd as to raise the said
sum of <£49 9 together with incident charges of sale, as
per memorial on file : Resolved by this Assembly, that the
said Thomas Fuller have liberty, and liberty and authority is
hereby granted to him, to sell so much of the real estate of
said deceas'd as to raise said sum of £49 9 0, L. money,
together with incident charges of sale ; taking the directions
of the court of probate for the district of Windham therein.
Upon the memorial of Enos Gun, Ebenezer Scott, Sarah
Gunn, Jobaraah Gunn, Abel Gunn, David Wooster, John
Weed, Noah Cande, Ebenezer Osborn, Thomas Osborn,
Nathaniel Gunn, praying for the privilege of a school district,
beginning at a stake, called Twelve Mile Stake, in the line
between Derby and Waterbury, then running northwardly to
the saw-mill place near Dan Williams', then to the north-east
corner of Jobamah Gunn's farm, from thence nortliwestward-
ly to a bridge near where Mishaduck Brook runs out of the
meadow, then west to Woodbury line, then southward to the
southwest corner of Waterbury, then to the first mentioned
corner :
Re-Holved by this Assembly^ That the inhabitants living
within the said described limits and bounds, except Abraham
Lewis and Daniel Osborn, shall be and they are hereby con-
stituted a school district, with all the privileges and emolu-
ments usually belonging to school districts in this Colony ;
and said Abraham Lewiss and Daniel Osborn have liberty to
belong to said district or not, at their election. And said
inhabitants are hereby authorized and impowered to lay taxes
by the major vote of the inhabitants legally met, for the pur-
pose of raising monies to maintain a school in said district,
and to appoint officers to collect the same, which shall be
under the same regulations that officers are who are appoint-
ed by societies in this Colony.
48
378 PUBLIC RECORDS [October,
Upon the memorial of Abigail Williams, administatrix on
the estate of Nathaniel Williams late of IStonington, deceas'd,
shewing to this Assembly that tlie debts due from said estate
of said deceas'd sui-mount the personal estate the sum of
£417 19 2; praying for liberty to sell lands <fec., as per
memorial on file : Resolved by tliis Assembly, that the
memorialist be and she is hereby impowered to sell so much
of the real estate of said deceas'd as will raise the sum of
£411 19 2 and incident charges of sale ; taking the direction
of the court of probates for the district of Stoningtoii therein.
Upon the memorial of Titus Bunnell and others, settlers
and living upon the five w^estermost tier of lots west of the
reserved lands, so called, and north of the society of New
Cambridge in the town of Farmington in the county of Hart-
foi'd, shewing that there are about seventv-five families now
settled upon said lands, that their whole lists amount to
about £3500 0, tliat they live at a great distance from the
place of public worship in the societies to which they respec-
tively belong &c. ; praying to be made a distinct society &c.:
Resolved hy this Assembly, That the said five westermost
tier of lots and the inhabitants thereon, bounded south upon
the society of New Cambridge, east upon the first society in
said Farmington, north partly upon the line between the
town of Symsbury and partly upon the line between the town
of New Hartford and said town of Farmington, and west
upon the town of Harwington, saving and excepting John
Strong, Esq'", and Simeon Strong his son, living upon the
second tiei- of the said lots, and their improved lands, to wit,
[404] east of a north and || south line on the west side of their
said improvements from Litchfield road, so called, to the
south side of the said John's farm, shall and they are hereby
constituted and made a distinct, separate ecclesiastical society,
by the name of West Britain,* with the same powers and
privileges that other societies by law have and do enjoy.
Upon the memorial of Richard Dickinson, administrator
on the estate of John Dickinson late of Saybrook, deceas'd,
shewing that the debts and charges against the estate of said
deceas'd surmount his real estate £225 12 4f, and that the
real estate is so circumstanced as will be attended with great
loss .unless the whole be sold ; praying liberty to sell the
whole real estate &c., as per memorial on file : Resolved by
this Assembly, that the memorialist be and he is hereby im-
powered to sell the whole real estate of said deceas'd : first
* Incorporated as the town of Burlington, May, 1806.
177-i.] OF CONNECTICUT. 379
giving bond to the court of probate for the district of Guil-
ford to account to said court for the surplus of the monies
arising on- the sale of said estate, if any be, and taking the
direction of the said court of probate in the sale of said
estate.
Upon the memorial of Abigail Hitchcock, administratrix
upon the estate of Joseph Hitchcock, deceas'd, representing
that the debts and charges due from the estate of said
deceas'd surmount the moveable part of the estate the sum
of £13 14 11 ; praying for liberty to sell of the real estate of
said deceas'd sufficient to pay said sum &c., as per memorial
on file appears : Resolved by tliis Assembly, that the memo-
rialist have liberty, and liberty and authority is hereby
granted unto her, to sell so much of the real estate of said
deceas'd as shall be sufficient to pay said sum together with
the incident charges of such sale ; taking the direction of
the court of probate for the district of New Haven therein.
Upon the memorial of Mary Turner, administratrix upon
the estate of Isaac Turner, deceas'd, representing that the
debts and charges .due from the estate of said deceas'd sur-
mount the moveable part of the estate of said deceas'd the
sum of X48 16 4i ; praying for liberty to sell so much of the
real estate of said deceas'd as shall be sufficient to pay said
sum together with the charge of such sale &c., as per
memorial on file appears : Resolved by this Assembly, that
the memorialist have liberty, and liberty and authority is
hereby granted unto her, to sell so much of the real estate
of said deceas'd as shall be sufficient to pay said sum £48 16
4| together with the incident charge of such sale ; taking
the direction of the court of probate for the district of New
Haven therein.
Upon the memorial of the listers of Lyme for the year
1773, shewing that the additions to said list was duly re-
turned in May last, but by mistake not entered ; praying the
same may be now received and entered &c., as per memorial
on file : Resolved by this Assembly, that said additions and
fourfolds, ?;/2. £231 6 0, single additions, £204 10 0, four-
folds, be received and added to the list of said town of Lyme
as though the same had been added in May last.
Upon the memorial of Samuel Brooker, of Stamford ii;
Fairfield county, administrator on the estate of Silvanus
Silleck late of said Stamford, deceas'd, shewing to this.
Assembly that the debts allowed against said estate sur-
mount the personal estate of said deceas'd the sum of £12
14 6, lawful money ; praying to be impowered to sell real
380 PUBLIC RECORDS [Octobcr,
estate &c., as per memorial on file : Kesolved by this
Assembly, that said memorialist be impowered, and he is
hereby impowered, to sell so much of the real estate of
said deceased to raise said sura of £12 14 6, L. money, with
the incident charges of sale ; taking the direction therein of
the court of probate in the district of Stamford.
[405] Upon the memorial of Timothy Burnham jun"^ of
Hartford, administrator with his will annexed on the estate
of David Burnham late of said Hartford, deceased, shewing
to this Assembly that the debts due from said estate sur-
mount the moveables of said estate in the sum of <£21 12 9;
praying for lilierty to sell so much of the real estate of the
said deceas'd as shall be sufficient to pay said debts and the
incident charges, as by said memorial on file, dated the tenth
of October, 1774, appears: Resolved by this Assembly, that
the memorialist have liberty and hereby he is impowered, to
make sale of so mucli of the real estate of the said deceas'd
as shall satisfy said debts and the incident charges arising
on said sale ; taking the direction of the court of probate for
the district of Hartford therein.
Upon the memorial of Moses Burnham, shewing to this
Assembly the necessity of a ferry across the meadow in
flood times, on the east side of Connecticut River in Hart-
ford ; praying to be constituted the keeper of said ferry :
Resolved by this Assembly, that the memoralist be and he
is hereby appointed to keep the ferry across said meadow in
flood time, and to have and keep a good, sufficient boat for
the transportation of men, horses and carriages &c., and to
be subject to the general laws respecting ferry-men ; and the
fare of said ferry shall be, when the boat goes from near the
meadow gate to the high lands by Daniel Pitkin's across said
meadow, or when there shall be two ferriages in said
meadow, for a single person two pence ; for a man and
horse, six pence, and for a horse and carriage, one shilling ;
a led horse, three pence ; ox or other neat kine, three pence ;
for a sheep, hog or goat, one penny, lawful money, and for
going half across said meadow and landing on the high land
in about the middle of the said meadow shall be taken only
one half of the sums as above stated.
Upon the memorial of Isaac Hall and others, members of
the society of Merriden in Wallingford, called and known by
the name of the Minor Party, so called, s-hewing that the
society of said Merriden called the Major Party have and do
tax the childien of the memorialists for the support of their
minister as soon as they come of age, and also all such per-
1774.] OP CONNECTICUT. 381
sons as have since October, 1769, settled within the limits of
said society ; that said society of Merriden at their meeting in
December, 1772, laid a rate of one penny farthing on the pound,
to pay their costs in sundry matters litigated before the As-
sembly and for other charges exclusive of the support of the
minister, which rate amounted to £33 11 0; that said society
in November, 1767, were indebted in the sum of £4 13 2,
and no more, antecedent to the laying said tax, as per memo-
rial &c. ; praying for relief &c. ; whereupon a committee has
been appointed &c., and have made report, which is now ac-
cepted and approved &c. : Resolved by this Assembly, that
the children of the memorialists who have been taxed by the
major party for the support of their minister since they come
of age shall be exempted and discharged from paying any
and all such taxes ; and that the children of all persons liv-
ing within the limits of said society when they shall arrive
to full age shall have liberty within six months to make their
election to which party they will belong, by entering his or
their name or names with the town clerk in Wallingford,
specifying to which party he or they will belong ; and in case
of their neglecting so to enter their name or names, they
shall and may be taxed by that party to which their parents
do or shall belong ; and that all such person or persons who
have settled within the limits of said society since October,
1769, or that shall hereafter settle or dwell therein, shall
have liberty within six months next after the first day of
December next, or within six months next after his or their
settling or coming to dwell in said society, of electing to
which party he or they will belong, in manner aforesaid.
And it is further resolved, that upon the memorialists pay-
ing their proportionable part of said sum of £4 18 2, that
they shall and they are hereby exempted and discharged
from the aforesaid tax granted by said society in December,
1772 ; and the said society shall pay back and refund to
Moses Mitchell jun'^ the sum of five shillings and three pence,
which they had collected from him, he being one of said
minor party.
[406] Upon the memorial of Henry Allyn, Josiah Phelps
and David Els worth, selectmen of the town of Windsor,
shewing to this Assembly that John Thomson jun'", constable
of the town of Windsor and collector of the Colony tax in
said town, on the list 1762, has failed, and thereby a large
debt fell on said town to settle up said rate, and that on the
selectmen's taking said collector's estate and rate-bill into
their hands, it appears that said collector soon after his enter-
382 PUBLIC RECORDS [October,
ing- on said collecting business committed sundry persons
named in his list to goal, whose rates and cost of commit-
ment amount to the sum of £11 16 5, but neglected to get the
same credited on the Treasurer's book, as was then allowed
to other creditors in such case, and the Treasurer judging it
not in his power to credit the same now since the time lim-
ited for receiving abatements is lapsed, and praying that said
sum may be allowed in favour to the inhabitants of said town,
and that the Treasurer be ordered to credit the same, as per
memorial &c. : Resolved by this Assembly, that said sum of
£17 16 5 be credited to the memorialists in settling said tax ;
and the Treasurer of this Colony is ordered to credit the
same accordingly.
Upon the memorial of Thomas Seymour, executor of the
last wall of Thomas Seymour, Esq', deceas'd, shewing that
there is now due in debts from the estate of the said deceas'd,
in addition to what he hath before been allowed, the sum of
.£588 3 2i, lawful money, more than the amount of the per-
sonal estate, and that part of the real estate of said deceas'd
subjected by said will &c. ; praying for relief &c., as per me-
morial &G. : Resolved by this Assembly, that said executor
have and he hereby hath full power, liberty and authority, to
sell and disi:ose of so much of the residue of said real estate
of said deceas'd as will be sufficient to pay and "reimburse
himself the said sum of £588 3 2^, L. money, with the inci-
dent charges of sale ; taking the advice and direction of the
court of probate therein.
Upon the memorial of Luther Shepard, executor of the
last will and testament of Joseph Shepard, shewing that said
testator in and by said will gave to his daughter Mary a legacy
of forty pounds, lawful money, for her portion in his estate,
which is the whole he gave her ; that there is no estate to
satisfy said sum to her but by sale of the real estate of said
testator ; praying for liberty to sell the same &c. : Resolved
by this Assembly, that the memorialist be and he is hereby
authorized and impowered, to sell so much of the real estate
of said deceas'd as shall be sufficient to pay and satisfy said
sum to the said Mary with the incident charges of sale ; tak-
ing the advice of the court of probate for the district of
Hartford therein.
Upon the memorial of Richard Law, Jeremiah Miller,
Thomas Mumford, Duncan Steward, Esqrs, and the rest of
the proprietors of a school-house in New London, shewing to
this Assembly that they have at great cost erected a school-
house for the advancement of learning, hired and paid school-
1774.] OF CONNECTICUT. 383
masters &c., and that difficulties attend their prosecuting their
designs from their not being incorporated &c. ; praying they
may be made a body corporate &c., as per memDrial on file :
Resolved hy this Assembly, That the proprietors of said
school-house be and they are hereby made and constituted a
body politic and corporate, and shall be called and known by
the name of the Union School in New London, and they and
their successors, proprietors of said school-house, have, and
they have hereby granted unto them, to have perpetual suc-
cession, and shall and may be persons able and capable in
law to sue and be sued, to plead and implead, to answer and
be answered unto, to defend and be defended, in all and
[407] singular suits, |j causes, matters, actions and things
whatsoever, and also to have, take, possess, acquire and
purchase lands and estates, real, personal and mixed, not
exceeding the sum of three thousand pounds, lawful money,
and the same to sell and dispose of as any other corporation
may lawfully do. And said proprietors of said Union School
and their successors shall and may have a common seal, to
serve and use for all causes, matters and things and affairs
whatsoever, of them and their successors, and the same to
alter at their will and pleasure. And for the better ordering
tlie affairs of said school-house and school, the proprietors
and their successors have hereby granted to them full power
and authority to choose a committee, to consist of such
number of persons as to them shall seem fit and meet, to
order and direct the prudentials of said school from time to
time, who shall have full power to make such rules and
orders as they judge necessary for the management and
ordering the affairs of said school, which rules and orders
shall be binding on all concerned therein unless the same are
revoked and disannulled by the proprietors of said school,
which they are hereby impowered at any of their legal meet-
ings to do. And said proprietors of said school and their
successors are hereby enabled and impowered to choose a
clerk and any other officers they judge necessary to advance
the best interest of said school, and such officers so chosen
shall continue in their respective offices until by said propri-
etors or their committee they shall be removed. And all the
votes of the voters present at any meeting of said proprietors
shall be determined by a majority of the interest of the
members present. Provided, that nothing herein shall be
construed to exempt any of the proprietors of said school
from any duties or taxes which by law they are subjected to,
nor shall they by this act be intituled to any donations, grants
384
PUBLIC EECORDS
[October,
or public monies already made or wbicli may hereafter be
made for the purposes of advancing* schooling, unless the
same be given expressly to said Union School.
Tlie Gentlemen nominated by the Votes of the Freemen to stand for
Election in May next, as sent in to the General A ssemtaly holden
at New Haven on the second Thursday of October, 1 774, are
as follow, viz :
The Hon^i® Jonathan Trumbull, Esq"-,
The Hon^'ie Mathew Griswold, Esqi"
Jabez Hamlin, Esq^
Shubael Conant, Esq"",
Elisha Sheldon, Esq-",
Eliphalet Dyer, Esq"",
Jabez Huntington, Esq"",
William Pitkin, Esq"",
Roger Sherman, Esq"",
Abraham Davenport, Esq"",
William Saml Johnson, Esqf
Joseph Spencer, Esq',
Oliver Wolcott, Esq"",
James Abrah Hilhouse, Esq"",
Mr. Saml. Huntington, of Nor.
Major Erastus Wolcott,
Major Saml. Holden Parsons,
Mr. Richard Law,
Mr. Daniel Sherman,
Colo. William Williams.
This Assembly do appoint David Judson of Stratford Sur-
veyor of Lands within and for the county of Fairfield.
This Assembly do appoint Mr. Eliashib Adams to be a
Justice of the Peace for the county of Windham until the
first day of June next.
[408] The Sums Total of the Lists of the Polls and Rateable Estate of
the several Tow^ns in this Colony for the Year 1774, as returned
to this Assembly, viz.
Hartford,
.£49035
15s. 6c?
Windsor,
. 24445
17 9
Symsbury, .
. 35306
4
East Windsor,
. 27723
Glastonbury,
. 19317
8
Sutlield,
. 19905
19
Weathersfield,
. 33833
11 9
Midletown, .
. 43153
Willington, .
. 8974
4 6
Tolland,
. -. 14211
16 6
Haddam,
. 15709
10 3
Bolton,
. 10755
1 6
Somers,
. 9624
11
Chatham,
. 23694
6
East Hadam,
. 27738
3 11
Colchester, .
. 34787
11 6
Stafford,
. 11047
6
Enfield,
. 12683
15
Farmington,
. 67518
14 11
Hebron,
. 22356
1
New Haven,
. 72395
8 9
177i.]
OP CONNECTICUT.
385
Durham,
Darby,
Branford,
Guilford,
Wallingford,
Waterbury,
Milford,
New London,
Norwich,
Stonington,
Saybrook,
Preston,
Lyme,
Killingworth,
Groton,
Fairfield,
■ Stratford,
Reading,
Greenwich,
Stamford,
Dan bury,
Eidgefield,
Norwalk,
Newtown,
New Fairfield,
Windham,
Lebanon,
Canterbury,
Pom fret,
"Woodstock,
Coventry,
Mansfield,
Plainfield,
Voluntown,
Killingley,
Ashford,
Litchfield,
New Hartford,
Sharon,
Salisbury,
Kent, .
Woodbury,
Goshen,
Harwington,
New Milford,
49
13307
12
19729
2
10
23912
35462
14
7
51051
5
3
39826
18
29241
1
3
36423
12
1
68649
4
6
37839
3
8
27293
1
10
24214
1
3
28542
5
7
21055
9
26909
8
3
51004
10
3
52000
14161
10
7
24340
12
1
34398
17
9
30112
13
17969
16
44076
2
u
23664
8
9
13064
13
2
30974
6
41051
16
10
19861
11
9
28129
19
22600
20982
6
10
22699
12
2
14613
8
13534
1
6
26242
1
6
1S027
3
6
22865
9
9327
2
17956
16
15879
18
8
16774
7
9
60600
2
9
11989
8744
4
29224
6373
5
9900
15333
6
13083
12
386 PUBLIC RECORDS [October,
Torrington, ....
Cornwall, ....
Canaan, ....
Westmoreland, .
Upon the petition of Nathaniel Sherma.n Lewiss, of Strat-
ford in the county of Fairfield, an insolvent debtor, and oth-
ers, creditors to said Lewiss, against John Roe, Cyrus Belden,
Nathaniel Gary, William Wingfield, Sara^ Bradstreet, Sam^
Barrett, John JBarrett and John Barrett junr, said Barretts
being merchants in company, all of Boston in the county
of Suffolk and Province of the Massachusets Bay, and others
named in said petition, dated September 8th, 1774, as on file:
The question was put, whether the prayer of this petition
should be granted, and resolved by this Assembly in the
negative.
[409] John Brockway, Ebenezer Brockway, Richard Brock-
way, Ezra BrockAvay, Eliphalet Brockway, Edward Brockway
and Ambrose Niles, all of Lyme in tlie county of New London,
preferred their certain memorial against Samuel Selden, Esq'',
Jonathan Warner, Moses Noyes, Rebecca Ely, Ann Selden
and Gideon Brockway, all of Lyme aforesaid, dated Septem-
ber 16th, 1773, as on file, by several continuances now lies
before this Assembly ; and now the memorialists being pub-
lickly called did not appear to prosecute the same. The res-
pondents by their attorney, Samuel Holden Parsons, Esq'",
appeared and put in their bill of cost for attendance &c. to
answer said memorial, which is allowed by tliis Assembly to
be the sum of £10 13 4, L, money. Ux. granted Nov. 3c?,
1774.
This Assembly grants to his Honor Governor Trumbull the
sum of one hundred and fifty pounds, for the last half of his
salary the current year.
This Assembly grants to the Hon^^® Deputy Governor Gris-
wold the sum of fifty pounds, for the last half of his salary
the current year.
His Honor the Governor is hereby desired to convene and
meet in Council at Hartford at such time as he shall appoint,
to consider and consult upon the critical situation of affairs
now subsisting, and whether it be necessary or expedient to
convene the General Assembly at any time between the
stated session of this Assembly, or, if he shall judge it needful
and expedient, to convene the said General Assembly with-
out first consulting his Council,*
* A session of the Council was held at Hartford on the 4th and 5th days
of January, 1775. The record is lost, but the editor has a copy of a vote
1774.] OF CONNECTICUT. 387
Resolved hy this Assembly, That all the business, matters
and things now l3"ing before this Assembly undetermined
shall be and the same are hereby continued to the sessions
of this Assembly to be holden at Hartford on the second
Thursday of May next.
Upon the memorial of David Wooster, Esq'', of New Haven
in the county of New Haven, shewing to this Assembly
that by misfortune in trade and the confinement of his son
in a distant part of the Kingdom, he is under a necessity of
raising a large sum of money ; praying that he may have
the benefit of the public monies of the Colony in his hands
as naval officer, during a limited time, as per memorial on
file : Resolved by this Assembly, that the memorialist have
and hereby is granted the loan of such monies as are now
due, which is the sum of X814 13 7, lawful money, to the
Colony treasury from the naval office of the district of New
Haven, upon his giving such security in real estate for the
payment thereof with interest in the space of two years as
the committee hereby appointed shall judge sufficient. And
James Abraham Hilhouse and Samuel Bishop jun', Esq'",
and James Wadsworth jun''. Esq'", are hereby appointed a
committee for the purpose of taking the security aforesaid.
Upon the petition of Sarah Wolcott, wife of Jeremiah Wol-
cott, praying for a bill of divorce, for the reasons and causes
therein alledged, which hath already been granted to her, as
by the records of this Assembly fully appears, whereupon a
committee was appointed to enquire into the circumstances
passed on the 4th, certified by Wm. Pitkin Clerk of the Council, directing
the Treasurer to procure for the use of the Colony six hundred half-bar-
rels or three hundred barrels of gunpowder, fifteen tons of lead and sixty
thousand good flints. Roger Sherman, by a letter dated New Haven,
Feb. 27, 1775, informed the Treasurer that he had bought for the Colony
90 half-barrels of powder, 3^ c. of lead, which was all he could get in New
York, and 30,500 flints. The expense of the whole, including freight and
his services, was £577 10 10, lawful money.
A proclamation was issued, dated at the Council Chamber, Hartford,
Jan. 5th, appointing Wednesday February 1st as a fast. This was not the
regular annual fast, which was subsequently appointed for Wednesday,
April 19th.
Some action was also taken relative to the Susquehannah controversy.
A7n. Archives, 4th series, I, 1077, 1135, 1139, 1177, Id. II, 278.
Measures were taken to import powder, some of which arrived at New
London in April, 1775, Bev. War, iii, 640, Id. xxxi, 55, 56, Am. Archives,
I, 1077.
The Governor and Council, May 4th, 1775, made another order, direct-
ing the Treasurer "to procure and purcnase, forthwith or as soon as may
be, three hundred barrels or six hundred half barrels of gun powder,
twenty tons of lead and forty thousands flints for the use of this Colony."
Certified copy of the Resolve, in the Editor's ])ossession.
888 PUBLIC RECORDS [March,
and situation of the goods and estate belonging to the said
Jeremiah and Sarah at the time of bringing said petition
&G., and said committee having made their report in the
premises, which is now accepted and approved &c. : Resolved
by this Assembly, that the said Jeremiah shall take and have
all the goods, chattels or personal estate of the said Sarah,
of what nature or kind soever, or wheresoever it may or can
be found, to which he was or may be entituled by force of his
marriage with the said Sarah, and that the said Sarah shall
also have, possess and enjoy all the real estate to which she
is or would have been entituled in the same manner and form
as though her said marriage had never taken place with him,
the said Jeremiah.
This Assembly is adjourned by proclamation &c. until his
Honor the Governor, or in his absence the Deputy Governor,
shall see cause to call it to meet again.
Teste George Wyllys Secret'y.
[411] Anno Regni Regis G-eorgii tertii decimo-quinto.
At a General Assembly of the Governor and Company of
THE English Colony of Connecticut in New England in
America holden at New Haven by adjournment and
special order of the Governor of said Colony on
Thursday the second day of March, annoque Domini
1775.*
Present :
The Hon^'^** Jonathan Trumbull, Esq'', Governor.
The Hon^'® Mathew Griswold, Esq"", Deputy Governor.
Jabez Hamlin, Esq"", Roger Sherman, Esq"",
Shubael Conant, Esq"", Abraham Davenport, Esq"",
Elisha Sheldon, Esq^, William Samuel Johnson, Esq""
Eliphalet Dyer, Esq'', Joseph Spencer, Esq',
Jabez Huntington, Esq'", Oliver Wolcott, Esqf,
William Pitkin, Esq'', James Abraham Hilhouse,Esq'',y
Representatives or Deputies of the Freemen of the several
Toivns are as folloiv, viz :
Colo. John Pitkin, Colo. Thomas Seymour, for Hartford.
Capt. Josiah Bissell, Mr. Oliver Elsworth, for Windsor.
Colo. Jonathan Pettibone, Colo. Jonathan Humphry, for
Symsbury.
*'riie session was adjouru'd ou Friday, March 10th, Am. Archives, II,
114.
>
tu
1775.] OF CONNECTICUT. 389
Mr. William Wolcott, Colo. Erastus Wolcott, for East
Windsor.
Capt. Jonathan Wells, Mr. Ebenezer Plummer, for Glaston-
bury.
Mr. Alex'' King, Capt. Abraham Granger, for Suffield.
Maj'. Thomas Belding, Mr. Silas Dean, for Weathersfield.
Colo. Mathew Talcott, Mr. Titus Hosmer, for Midletown.
Mr. Moses Holmes, Maj' Elijah Fenton, for Willington.
Mr. Samuel Cobb, Mr. Eleazer Steel, for Tolland.
Capt. Joseph Brooks, for Haddam.
Capt. Joel White, Capt. Benja. Talcott, for Bolton.
[412] Mr. Zerah Ivibbee, Mr. Reuben Sikes, for Somers.
Mr. David Sage, Mr. Silas Dunham, for Chatham.
Mr. Daniel Brainerd, Mr. Jabez Chapman, for East Hadam.
Maj'" Henry Champion, Mr. John Watrous, for Colchester.
Mr. Josiah Converse, Mr. Joshua Fuller, for Stafford.
Mr. Edward Collins, Maj-- Nath' Terry, for Enfield.
Cayjt. Daniel Ingham, Capt. Obadiah Hosford, for Hebron.
Colo. John Strong, Colo. Fisher Gay, for Farmington.
Mr. Samuel Bishop, Mr. Joshua Chandler, for New Haven.
Colo. Elihu Chauncey, Colo. James Wadsworth, for Durham.
Capt. John Wooster, Mr. James Beard, for Derby.
Mr. Edward Russell, Mr. Daniel Page, for Branford.
Mr. John Burgiss, Colo. Andrew Ward, for Guilford.
Mr. Oliver Stanly, May Reuben Atwater, for Wallingford.
Mr. Joseph FTopkins, Colo. Jonathan Baldwin, for Waterbury.
Capt. John Fowler, May David Baldwin, for Milford.
Mr. Richard Law, Mr. William Hilhouse, for New London.
Mr. Benjamin Huntington, for Norwich.
Maj' Charles Phelps, Mr. Samuel Prentiss, for Stoniugton.
Mr. Samuel Field, Colo. William Worthington, for Saybrook.
Mr. Robert Crary, Capt. James Morgan, for Preston.
Mr. John Lay, Mr. Ezra Selden, for Lyme.
Capt. Elnathan Stevens, Mr. Hezekiah Lane, for Killingworth.
Mr. Thomas Mumford, Mr. Stephen Billings, for Groton.
Mr. Jonathan Sturgiss, Capt. Samuel Squire, for Fairfield.
Capt. Robert Faircliild, Cajit. Daniel Judson, for Stratford.
Mr. Lemuel Sanford, Mr. William Hawley, for Redding.
Maj"" John Mead, Mr, Peter Mead, for Greenwich.
Colo. David Waterbury, Colo. Charles Webb, for Stamford.
Colo. Philip Burr Bradley, Mr. Samuel Olmsted, for Ridg-
field.
Mr. Thomas Belding, Mr. Thadeus Betts, for Norwalk.
Capt. Henry Glover, Capt. Peter Nichols, for Newtown.
Mr. Zacheus Tovt^ner, Mr. Alex'' Fairchild, for New Fairfield.
390 PUBLIC RECORDS [Marcli,
Colo. Joseph P. Cook, Capt. Daniel Taylor, for Danbury.
Mr. Nathaniel Wales, for Windham.
Colo. William Williams, Mr. Jonathan Trumbull jr., for
Lebanon.
Mr. Solomon Pain, for Canterbury.
Mr. Thomas Williams, Mr. Elisha Lord, for Pomfret.
Mr. Caleb May, Capt. Timothy Perrin, for Woodstock.
Capt. Ebenezer Kingsbury, Mr. Jeremiah Ripley, for Coven-
try.
Mr. Constant Southworth, Colo. Experience Storrs, for Mans-
field.
Capt. Isaac Coit, Colo. John Douglas, for Plainfield.
Maj' James Gordon, Mr. Robert Hunter, for Voluntown.
Mr. Simeon Learned, Mr. Benja. Leavins, for Killingley.
Capt. Benja. Sumner, Mr. Elijah Whiton, for Ashford.
Mr. Jedediah Strong, Capt. Daniel Welch, for Litchfield.
Capt. Mathew Gillett, Capt. Seth Smith, for New Hartford.
Maj' Ebenezer Gay, for Sharon.
[413] Colo. Joshua Porter, for Salisbury.
Mr. Ephraim Hubbel, Capt. Justus Sacket, for Kent.
Mr. Daniel Sherman, Capt. Licrease Mosely, for Woodbury.
Colo. Ebenezer Norton, Capt. Edmund Beach, for Goshen.
Capt. John Willson, Mr. Josiah Phelps, for Harwington.
Majf Samuel Canfield, Capt. Sherman Boardman, for New
Milford.
Majf Epaphras Sheldon, Mr. Noah Marshall, for Torrington.
Mr. Heman Swift, Capt. Thomas Porter, for Cornwall.
Colo. Charles Burrell, for Canaan.
Capt. Zebulon Butler, Mr. Joseph Sluman, for Westmore-
land.
William Williams, Esq% Speaker, ) of the House of.
Richard Law, Esq"", Clerk, | Representatives.
Resolved hy this Assembly, That Colo. Ebenezer Norton of
Goshen be authorized and he is hereby impowered, (not only
to sell and give deeds) but also to lease out the messuage in
said Goshen lately conveyed by deed of Samuel Pettibone to
the Governor and Company, according to his best discretion,
and to use all lawful ways to eject and get Samuel Pettibone
out of the possession of the premises, and to render his
account to this Assembly.
This Assembly do appoint Colo. Erastus Wolcott, Capt.
Josiah Bissell, and Colo. Jonathan Humphry, Esq^^, Over-
seers, and Capt. John Viets Master or Keeper of Newgate
Prison during the pleasure of this Assembly.
1775.] OF CONNECTICUT^. 891
An Act for regulating Naval Officers.
Be it enacted hy the Governor^ Council and Representatives^
in General Court assembled, and hy the authority of the same,
That each and every naval officer in this Colony that now is
or may be hereafter appointed, shall become bound before
the Governor for the time being with two sufficient sureties,
freeholders in this Colony, by a bond or recognizance in the
sum of one thousand pounds to the Treasurer of the Colony,
for the faithful discharge of said office and the payment of
all such sum or sums of money into the public treasury that
he or they may receive for duties or impost on rum or other
articles of goods and merchandise on which an impost or
duty is or may be laid by act of this Assembly. And in
case he or they shall neglect or refuse to give such bond as
aforesaid, it shall be the duty of the Governor for the time
being to remove and disqualify such officer or officers from
holding or transacting in said office, and to appoint others in
their room and stead.
Upon representation made to his Honor, Governor Trum-
bull, in writing, by William Gould, Esq^, of Branford, by his
letter bearing date March 4th, 1775, that one Jonah, calling
himself a freeman, a native of one of the Cape de Verd
Islands, has applied to him, alledging that he being free-born
was sold by Robert Old, of said Branford, to Ebenezer Lind-
sey, of said town, a slave for life, and is now unjustly in an
actual state of slavery, as per said representation on file : It
[414] is thereupon || resolved, that James Abraham Bilhouse,
Esq'', and Samuel Bishop, Esq'', be a committee to search out the
truth of said representation and take proper evidence of the
facts, and the same to report to this Assembly in May next.
And the said William Gould is hereby authorized to protect
and keep said Jonah until a rule of this Assembly shall be
made thereupon.
It being represented to this Assembly that Abraham Blacks-
lee of New Haven, captain of a military company in the
second regiment in this Colony, is disaffected to this govern-
ment and the privileges thereof as established by charter,
and has frequently spoken contemptuously of the measures
taken by tliis Assembly for maintaining the same, and threat-
ened to act in his office in opposition to the lawful authority
of the Colony, contrary to the duty of his office* : Resolved
by this Assembly, that James A. Hilhouse and Samuel
Bishop jun% Esq''% be and they are hereby appointed a com-
* Testimony is found in Revolutionary War, I, 396, 397.
392 PUBLIC RECORDS [March,
mittee to enquire into said matters and make report of what
they find with their opinion thereon to this Assembly at the
next session.
It having been represented to this Assembly, that Isaac
Quintard, of Stamford in the county of Fairfield, captain of
the second military company in the town of Stamford in the
ninth regiment in this Colony, and Filer Dibble of said Stam-
ford, captain of the first military company in tlie town of
Stamford in said regiment, at said Stamford in January last,
in contempt of the authority in this Colony, did attempt and
endeavour to prevent the introduction of certain barrels of
gun-powder into this Colon}' for the goverment's use, agree-
able to tlie order and directions of legal authority, *which
conduct is inconsistent with the duty of their said office and
of dangerous tendency: Whereupon it is resolved by this
Assembly, that Gold Selleck Silliman and Jonathan Sturgiss,
Esq'"% be and they are hereby appointed commissioners and
are fully authorized and impowered to notify said Quintard
and Dibble to appear before them at such time and place as
shall be by them appointed, and to examine the witnesses
relative to said conduct, and to^examine into the truth of said
representation, and to report what they sliall find to the Gen-
eral Assembly at their sessions in May next.
It being represented to this House, that the towns of
Ridgefield and Newtown have come into and published cer-
tain resolutions injurious to the rights of this Colony ,f in
direct opposition to the reported resolves of this House, and
of dangerous tendency :
Resolved, That Colo. Joseph Piatt Cook and Colo. John
* The Earl of Dartmouth had communicated to the Colonies an order
of the King in Council of October 19th, 1774, prohibiting the exportation
from Great Britain of gun-powder, or any kind of arms or ammunition.
American ArcMees, I, 1881.
The deputy collector of customs at Stamford, acting probably under
this order, seized Feb. 1st, 1775, at the house of Capt. Quintard, inn-
keeper in that town, some powder which was being brought into the
Co^on}^
Cnptain Quintard published in the Connecticut Journal, (New Haven,)
of March 1st, 1775, a long narrative of the affair, exculpating himself,
and accompanied b^'^ a certificate from the deputy collector that the infor-
mation respecting the powder did not come from Capt. Quintard.
A confession and recantation of tor^ism by Capt. Dibble, dated Septem-
ber 26th, 1775, was published in the newspapei-s. American Archives, III,
812.
f The resolutions of Ridgefield, disapproving and protesting against the
measures of the Continental Congress, may be seen in Teller's History of
Ridgefield. 45, and Am"rican Archives, I, 1202. The resolves of Newtown
are also printed in the last mentioned volume, col. 1215.
1775.] OF CONNECTICUT. 393
Read be a committee to enquire into the truth of said repre-
sentation, and how far any person or persons holding com-
missions under this government have been any ways active or
concerned in promoting the measures taken by said towns ;
and report make of what they shall find to the G-eneral
Assembly to be held at Hartford in May next.
This Assembly do appoint Jedidiah Elderkin, Esq"",, to be
Colonel of the fifth regiment of militia in this Colony, in the
room of the Hon'^'''' Eliphalet Dyer, Esq'", resigned.
This Assembly do appoint Experience Storrs, Esq"", to be
Lieutenant-Colonel of the fifth regiment of militia in this
Colony, in the room of Jedidiah Elderkin, Esq'', promoted.
This Assembly do appoint Capt. Thomas Brown to be
Major of the fifth regiment of militia in this Colony, in the
room of Experience Storrs, Esq"", promoted.
[415] This Assembly appoints Increase Mosely jun"" Esq"",
to be Lieutenant-Colonel of the thirteenth regiment of militia
in this Colony, in the room of Lieutenant-Colonel Bostwick,
who has resigned.
This Assembly appoints Samuel Canfield, Esqi", to be
Major of the thirteenth regiment of militia in this Colony, in
tlie room of Major Mosely advanced.
This Assembly do appoint Mathew Talcott, Esq"", to be
Lieutenant-Colonel of the sixth regiment in this Colony, in
the room of Elisha Williams, Esq"", who hath resigned.
This Assembly do appoint Thomas Belding of Weathers-
field, Esq"", to be Major of the sixth regiment of militia in
this Colony, in the room of Mathew Talcott, Esq'', promoted.
This Assembly do appoint Andrew Ward jun"", Esq"",
Colonel of the seventh regiment of militia in this Colony, in
the room of Aaron Eliot, Esqf", resigned.
This Assembly- do appoint Isaac Lee jun''. Esq"", to be Colo-
nel of the fifteenth regiment in this Colony, in the room of
John Strong, Esq"", who hath resigned.
This Assembly do appoint Fisher Gay, Esq"", to be Lieur
tenant-Colonel of the fifteenth regiment in this Colony, in
the room of Isaac Lee, Esq"", advanced.
This Assembly do appoint Simeon Strong, Esq'', to be
Major of the fifteenth regiment in this Colony, in the room
of Abijah Catlin, Esq"", who hath resigned.
This Assembly do appoint William Worthington, Esq"", to
be Lieutenant-Colonel of the seventh regiment of militia in
this Colony, in the room of Lieutenant-Colo. John Eliott,
who has resigned.
This Assembly do appoint Silvanus Graves, Esq"", to be
50
394 PUBLIC RECORDS [March,
Major of the seventh regiment of militia in this Colony, in
the room of Maj' William Worthington advanced.
This Assembly do appoint Charles Webb, Esq'', to be Colo-
nel of the nintli regiment in this Colony, in the room of
Thomas Fitch, Esq'', who hath resigned.
This Assembly do appoint David Waterbury jun% Esq% to
be Lieutenant-Colonel of the ninth regiment in this Colony,
in the room of Charles Webb, Esq'', advanced.
This Assembly do establish Joshua Pierce jun'' to be Cap-
tain of the fourth company or trainband in the 14th regiment
in this Colony.
This Assembly do establish John Pierce to be Lieutenant
of the fourth company or trainband in the 14th regiment
in this Colony.
This Assembly do establish Seth Pierce to be Ensign of
of the fourth company or trainband in the 14th regiment
in this Colony,.
This Assembly do establish Elisha Newell to be Ensign
of the second company or trainband in the 15th regiment in
this Colony.
[416] This Assembly do establish Amasa Loomiss to be
Captain of the first company or trainband in the town of East
Windsor in the 19th regiment in this Colony.
This Assembly do establish Samuel Tudor to be Lieutenant
of the first company or trainband in the town of East Wind-
sor in the 19tli regiment in this Colony.
This Assembly do establish Jonathan Birge to be Captain of
the first company or trainband in the town of Bolton in the
19th regiment in this Colony.
This Assembly do establish Mathew Grant to be Captain
of the fourth company or trainband in the town of East Wind-
sor in the 19th regiment in this Colony.
This Assembly do establish Thomas Saddto be Lieutenant
of the 4th company or trainband in the town of East Wind-
sor in the 19th regiment in this Colony.
This Assembly do establish Isaac Grant to be Ensign of
the 4th company or trainband in the town of East Windsor
in the 19th regiment in this Colony.
This Assembly do establish John Griswold to be Ensign
of the south company or trainband in the town of Lyme in
the third regiment in this Colony,
This Assembly do establish Elisha Kibbee to be Ensign of
the company or trainband in the society of Ellington in the
town of East Windsor.
Tliis Assembly do establish Samuel Cooper to be Lieutenant
1775.] OF CONNECTICUT. 395
of the seventh company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Thomas Stevenson to be
Ensign of the seventh company. or trainband in the sixth
regiment in this Colony.
This Assembly do establish John Whitmore to be Lieu-
tenant of the second company or trainband in the sixth regi-
ment in this Colony.
This Assembly do establish Elijah Blackman to be Ensign
of the second company or trainband in the sixth regiment
in this Colony.
This Assembly do establish Joseph Mericli to be Captain
of the south company or trainband in the town of Willington.
This Assembly do establish Joseph Peirson jun"" to be
Lieutenant of the south company or trainband, in the town of
Willington.
This Assembly do establish Timothy Hoit to be Ensign
of the south company or trainband in the town of Willington.
This Assembly do establish Medad Hills to be Captain of
the east company or trainband in the town of Goshen.
This Assembly do establish Mathew Smith to be Lieuten-
ant of the east company or trainband in the town of Goshen.
This Assembly do establish Miles Norton to be Ensign of
the east company or trainband in the town of Goshen.
This Assembly do establish Abraham Andruss to be Cap-
tain of the company or trainband in Winchester in the 17th
regiment in this Colony.
This Assembly do establish John Hills to be Lieutenant
of the company or trainband in Winchester in the ITtli regi-
ment in this Colony.
This Assembly do establish Benjamin Benedict to be
Ensign of the company or trainband in Winchester, in the
17th regiment in this Colony.
This Assembly do establish Abner Adams to be Lieuten-
ant of the fourth company or trainband in the lltli regiment
in this Colony.
[417] This Assembly do establish John Kimball to be
Ensign of the fourth company or trainband in the 11th regi-
ment in this Colony.
Tliis Assembly do establish Ebenezer Douglass to be
Ensign of the first company or trainband in the town of
New London.
This Assembly do establish Jeremiah Mason to be Cap-
tain of the 10th company or trainband in the 12th regiment
in this Colony.
396 PUBLIC RECORDS [March,
This Assembly do establish Andrew Waterman to be
Lieutenant of the 10th company or trainband in the 12th
regiment in this Colony.
This Assembly do establish Stephen Lee jun'' to be Ensign
of the 10th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Zadock Granger to be Lieu-
tenant of the second company or trainband in the town of
Suflfield in the first regiment in this Colony.
This Assembly do establish Amos Fellows to be Captain
of the north company or trainband in the town of Tolland,
in the 22d regiment in this Colony.
This Assembly do establish James Steel to be Lieutenant
of the north company or trainband in the town of Tolland,
in the 22d regiment in this Colony.
This Assembly do establish Stephen Day to be Ensign of
the north company or trainband in the town of Tolland, in
the 22d regiment in this Colony.
This Assembly do establish Ithamar Harvey to be Ensign
of the 18th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Joshua Wills to be Ensign of
the south company or trainband in the town of Tolland in
the 22d regiment in this Colony.
This Assembly do establish Jacob Perkins jun^ to be Cap-
tain of the first company or trainband in the 20th regiment
in this Colony.
This Assembly do establish Joseph Carew to be Lieuten-
ant of the first company or trainband in the 20th regiment
in this Colony.
This Assembly do establish Simeon Huntington to be
Ensign of the first company or trainband in the 20th regi-
ment in this Colony.
This Assembly do establish Samuel Felt jun'' to be Ensign
of the fourth company or trainband in the 22d regiment in
this Colony.
This Assembly do establish Joseph Palmer jun'' to be
Captain of the seventh company or trainband in the 21st
regiment in this Colony.
This Assembly do establish Samuel Pobbins to be Lieuten-
ant of the seventh company or trainband in the 21st regi-
ment in this Colony.
This Assembly do establish Nathaniel Morgan to be Ensign
of the seventh company or trainband in the 21st regiment in
this Colony.
1775.] OF CONNECTICUT. 397
This Assembly do establish Waterman Clift to be Captain
of the first company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Daniel Clark to be Lieutenant
of the first company or trainband in the 21st regiment in
tills Colony.
This Assembly do establish Joshua Bottom to be Ensign
of the first company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Abiel Pease to be Captain of
the south company or trainband in the town of Somers.
[418] This Assembly do establish John Gordon jun'' to
be Captain of the third company or trainband in the 21st
regiment in this Colony.
This Assembly do establish Moses Campbell to be Lieuten-
ant of the third company or trainband in the 21st regiment
in this Colony.
This Assembly do establish William Edmond to be Ensign
of the third company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Sherebiah Butt to be Captain
of the second company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Abner Bacon to be Lieutenant
of the second company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Ephraim Lyon to be Ensign
of the second company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Benajah Leffingwell to be Cap-
tain of the ninth company or trainband in the 20th regiment
in this Colony.
This Assembly do establish John Waterman to be Lieuten-
ant of the ninth company or trainband in the 20th regiment
in this Colony.
This Assemjoly do establish Jacob DeWit to be Ensign of
the ninth company or trainband in the 20th regiment in this
Colony.
This Assembly do establish John Simons 2d to be Cap-
tain of the first company or trainband in the town of Enfield.
This Assembly do establish Richard Abbe to be Lieuten-
ant of the first company or trainband in the town of Enfield.
This Assembly do establish Eliphalet Terry to be Ensign
of the first company or trainband in the town of Enfield.
This Assembly do establish Peter Kibbee to be Lieutenant
398 PUBLIC RECORDS. [Marcli,
of the fourth company or trainband in the 22d regiment in
this Colony.
This Assembly do establish Josiah Converse jim"" to be
Lieutenant of the ninth company or trainband in the 22d
regiment in this Colony.
This Assembly do establish David Strong to be Ensign of
the ninth company or trainband in the 22d regiment in this
Colony.
This Assembly do establish David Cady jun"" to be Captain
of the ninth company or trainband in the 21st regiment in
this Colony.
This Assembly do establish Comfort Day to be Ensign of
the ninth company or trainband in the 21st regiment in this
Colony.
This Assembly do establish James Stodard to be Ensign
of the sixth company or trainband in the 15th regiment in
this Colony.
This Assembly do establish Roger Riley to be Captain of
the 13th company or trainband in the sixth regiment in this
Colony.
This Assembly do establish Elisha Savage to be Lieuten-
ant of the 13th company or trainband in the sixth regiment
in this Colony.
This Assembly do establish John Hart to be Ensign of the
13th company or trainband in the sixth regiment in this
Colony.
[419] This Assembly do establish John Ely to be Cap-
tain of the 10th company or trainband in the seventh regi-
ment in this Colony.
This Assembly do establish Ebenezer Burr to be Lieuten-
ant of a company or trainband in Greenfield in the fourth
regiment in this Colony.
This Assembly do establish Ebenezer Hill to be Ensign of
a company or trainband in Greenfield, in the fourth regiment
in this Colony.
This Assembly do establish Eleazer Hutchinson jun"" to
be Captain of the 14th company or trainband in the 12th
regiment in this Colony.
This Assembly do establish Paul Brigham to be Lieuten-
ant of the 14th company or trainband in the 12th regiment
in this Colony.
This Assembly do establish Thomas Terrill to be Ensign
of the 14th company or trainband in the 12th regiment in
this Colony.
1775.] OF CONNECTICUT. 399
This Assembly do establish James Chamberlin to be Cap-
tain of a troop of horse in the '22d regiment in this Colony.
This Assembly do establish David McCluir to be Lieuten-
ant of a troop of horse in the 22d regiment in this Colony.
This Assembly do establish Daniel Durham to be Cornet
of a troop of horse in the 22d regiment in this Colony.
This Assembly do establish Noah Chapin jun"" to be
Quarter-Master of a troop of horse in the 22d regiment in
this Colony.
This Assembly do establish Abijah Eowley to be Captain
of the 15th company or trainband in the 12th regiment in
this Colony.
This Assembly do establish Samuel Gilbert to be Lieuten-
ant of the 15th company or trainband in the 12tli regiment
in this Colony.
This Assembly do establish Elisha Mack to be Ensign of
the 15tli company or trainband in the 12th regiment in this
Colony.
This Assembly do establish Timothy Moses to be Captain
of the first company or trainband in the 14th regiment in
this Colony.
This Assembly do establish Jesse Kimball to be Lieuten-
ant of the first company or trainband in the 14th regiment
in this Colony.
This Assembly do establish Benjamin Sedgwick to be
Ensign of the first company or trainband in the 14th regi-
ment in this Colony.
This Assembly do establish Simeon Strong to be Captain
of the first company or trainband in the 15th regiment in
this Colony.
This Assembly do establish John Porter jun"" to be Lieu-
tenant of the first company or trainband in the 15th regi-
ment in this Colony.
This Assembly do establish Elisha Scott to be Ensign of
the first company or trainband in the 15tli regiment in this
Colony.
This Assembly do establish Emory Pease to be Captain of
the 8th company or trainband in the 22d regiment in this
Colony.
This Assembly do establish John Wood 2d to be Lieuten-
ant of the 8th company or trainband in the 22d regiment in
this Colony.
[420] This Assembly do establish Harbour Howard
Wood to be Ensign of the eighth company or trainband in
the 22d regiment in this Colony.
400 PUBLIC RECORDS [March,
Tliis Assembly do establish Ebenezer L ithrop jun'" to be
Captain of the seventh company or trainband in the 20th
regiment in this Colony.
This Assembly do establish Joshua Smith to be Lieuten-
ant of the seventh company or trainband in the 20th regi-
ment in this Colony.
This Assembly do establish Eliakim Brainerd to be Cap-
tain of the third company or trainband in tlie seventh regi-
ment in this Colony.
This Assembly do establish John Ventrus to be Lieuten-
ant of the third company or trainband i 
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